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RAINSON INDUSTRIES LIMITED v. ABIA STATE COMMISSIONER FOR HEALTH AND SOCIAL WELFARE & ORS

(2014) JELR 36352 (CA)

Court of Appeal  •  CA/PH/413/2006  •  10 Jul 2014  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

FREDERICK O. OHO, J.C.A (Delivering the Leading Judgment): In Suit No: HU/146/2003, the Plaintiff's Writ of Summons was endorsed as follow: "The Plaintiff's claim is for;

(1) The liquidated Sum of N1,723,650.00 (One Million, Seven Hundred and Twenty Three Thousand, Six Hundred and fifty Naira) being agreed and accepted balance of contract debt owed to the Plaintiff by the Defendants which the Defendants have been unable to pay up despite repeated demands (as per Statement of Claim endorsed to the writ of summons).

(2) Interest on the said liquidated Sum of N1,723,650.00 from the date due until Judgment at the rate of 48%".

Pleadings were ordered and duly filed by both parties. The facts of the case as disclosed by the pleadings may be summarized as follow:

"The Plaintiff is a company registered and carrying on business in Nigeria with its Head Office at 101 Clifford Road, Aba. The 1st Defendant is the Commissioner for Health and Social Welfare in Abia State who was said to have entereā€¦

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