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CHIEF JAMES ONYEWUKE V. MODU SULE

(2011) JELR 49144 (CA)

Court of Appeal  •  CA/K/189/2003  •  13 Jul 2011  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; JOSEPH TINE TUR JCA; OBANDE OGUINYA JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of P. A. Mahmoud J., of the Kano State High Court, delivered on 4th day of April, 2002. The Notice of Appeal was filed on 05-04-2002 with four grounds challenging the judgment of the learned trial Judge delivered in favour of the plaintiff/Respondent in the sum of One hundred and twenty-five thousand two hundred and ten Naira as the unpaid balance of N145,210 being money for the supply of 719 bottles of CSM Vaccines at the request of the appellant/defendant on 19th February, 1995. The learned trial Judge awarded 10% interest at the Court rate from the date of judgment until the final liquidation of the judgment.

ISSUES FOR DETERMINATION

The appellant sought and was granted leave to file brief of argument on 31-10-2006 setting forth the following issues for determination:

"1. Whether Exhibit I relied upon by the Court in the judgment was pleaded or not in the plaintiff's statement of claim and…

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