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(2021) JELR 109573 (CA)

Court of Appeal  •  CA/K/180/2018  •  9 Feb 2021  •  Nigeria

Hussein Mukhtar, JCA Saidu Tanko Hussaini, JCA Oludotun Adebola Adefope-Okojie, JCA


SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The Respondent herein by the Writ of Summons and Statement of Claim, dated 26th April, 2016, commenced action at the High Court of Kaduna State and claimed against the Appellant as Defendant, three (3) reliefs namely:

(a) Six Thousand, One Hundred and Fifty Euros (€6,150) only or its equivalent in Naira at the current rate being the money deposited by the Plaintiff with the Defendant in pursuance of a contract which the Defendant had breached.

(b) Interest on the above stated sum at the rate of 1% per month till the judgment sum is fully liquidated.

(c) The cost of this action.

​Upon the Originating Processes of Court being served, the Appellant filed a defence and denied the claim hence the suit proceeded into trial wherein the Respondent, as the only witness testified for himself in support of the claim and closed his case. The trial Court thereafter adjourned the case for defence. That was on the 1st November, 2016. The Ap…

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