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POLAK INVESTMENT AND LEASING CO. LTD V. STERLING CAPITAL MARKET LIMITED

(2018) JELR 91586 (CA)

Court of Appeal  •  CA/L/151/2016  •  28 May 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR, JCA BIOBELE ABRAHAM GEORGEWILL, JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA (Delivering the Leading Judgment): This appeal is against the decision of DADA, J., (Mrs.) of the High Court of Lagos State delivered on 17th November, 2015. In the said judgment, the trial judge while granting in part the Appellant’s claims adjudged the Respondent liable to make a refund of N166,475,279.88 (One Hundred and Sixty-Six Million, Four Hundred and Seventy-Five Thousand, Two Hundred and Seventy-Nine Naira, Eighty-Eight Kobo Only) to the Appellant. With respect to the Respondent’s counter-claim, the trial judge adjudged the Appellant to be indebted to the Respondent in the sum of N269,999,279.88 (Two Hundred and Sixty-Nine Million, Nine Hundred and Ninety-Nine Thousand, Four Hundred and Seventy-Three Naira, Eighty-One Kobo Only). The lower court then concluded its judgment by setting off the aforesaid sum of N166,475,279.88 from the judgment sum as per the counter claim and consequently entered judgment in favour of the Respondent again…

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