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RIVERS STATE GOVERNMENT OF NIGERIA & ANOR. V. SPECIALIST KONSULT (SWEDISH GROUP)

(2005) JELR 45245 (SC)

Supreme Court  •  SC.368/2001  •  11 Feb 2005  •  Nigeria

Coram
MOHAMMADU LAWAL UWAIS JSC; SYLVESTER UMARU ONU JSC; NIKI TOBI JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

EJIWUNMI, J.S.C: (Delivering the Leading Judgment): Before the High Court of Lagos State, the respondent as plaintiff commenced this action with a writ of summons dated 6th June, 2000 under the undefended list procedure against the appellants claiming against the 1st appellant the sum of USD3,138,122.81 being outstanding fees due to the respondent on work already executed on behalf of the Rivers State Government of Nigeria since 27th April, 1995. Interest was also claimed on the said sum at the rate of 21% per annum from 27th April, 1995 until the total liquidation of the entire debt. The writ of summons referred to above was accompanied by an affidavit headed "affidavit in support for undefended list" and dated 6th June, 2000. The appellants' address for service as endorsed on the face of the writ of summons was "c/o Rivers State Government Liaison Office, 26 Bishop Oluwole Street, Victoria Island, Lagos."

On the 7th of June, 2000, the respondent filed an application seeking directio…

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