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P. D. HALLMARK CONTRACTORS NIGERIA LIMITED & ANOR v. GLORIA KANROTMWA GOMWALK

(2015) JELR 36723 (CA)

Court of Appeal  •  CA/J/206/2013  •  13 Feb 2015  •  Nigeria

Coram
JOSEPH TINE TUR JCA; IBRAHIM SHATA BDLIYA JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

JOSEPH TINE TUR, JCA(Delivering The Leading Judgment): The learned Counsel adopted their respective briefs of argument on 11th November, 2014. The ninety days for delivery of judgment was 11th February, 2015. JUSUN strike commenced on 2nd January, 2015 hence the judgment could not be delivered. I am delivering it today (13th February, 2015).

P.D. Hallmark Contractors (Nig.) Ltd. and David Moses Pwaspo hereinafter called "the appellants" took out a writ of summons against Gloria Kanrotmwa Gomwalk ("the respondent") on 26th April, 2013 before the High Court of Justice, Plateau State holden at Jos. Pleadings were filed and exchanged. The matter proceeded to hearing. At a point in time the parties indicated their intention to settle the controversy out of Court. The Court was however informed on 25th June, 2013 that negotiated settlement had failed hence Pw1 proceeded to testify. A number of documents were tendered through Pw1, objection was raised by the respondent's Counsel and upheld b…

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