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DENNIS OKAFOR & ANOR V. JOSEPH O.D. MADUBUKO & ANOR

(1999) JELR 43704 (CA)

Court of Appeal  •  CA/E/216/96  •  15 Nov 1999  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA JOHN AFOLABI FABIYI JCA MUSA DATTIJO MUHAMMAD JCA

Appearances
Chief Okwuchukwu Ugolo For the Appellant. Ikechukwu Onyeabo, Esq. For the Respondent.

Judgement

UBAEZONU, J.C.A. (Delivering the Leading Judgment): In their paragraph 6 of the statement of claim, the plaintiffs/respondents alleged that the Anambra-Imo River Basin Development Authority paid to them through the 1st defendant/appellant who was their attorney a sum of N422,139 as compensation. The 1st defendant/appellant stated that he issued a cheque of part of the money to 2nd defendant/appellant for delivery to the plaintiffs/respondents. Neither part of the money covered by the Cheque nor the entire amount has been paid to the plaintiffs/respondents despite demands. Consequently, the respondents sued in the High Court of Anambra State presided over by F. U. Obiora J. claiming jointly and severally from the appellants two sums of money amounting to the said N422,139 and interest thereon as per paragraph 13 of their statement of claim.

Following the non payment of their money to them by the appellants, the respondents reported the two appellants to the Police. The Police after theiโ€ฆ

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