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SADIQ & ORS V. YUNUSA

(2022) JELR 109162 (CA)

Court of Appeal  •  CA/K/43/2019  •  13 Jan 2022  •  Nigeria

Coram
Ita George Mbaba, JCA Abubakar Muazu Lamido, JCA Usman Alhaji Musale, JCA

Appearances
SALISU SULE, ESQ. WITH HIM, S.A. MAGASHU, ESQ. For the Appellants; ABUBAKAR MOHAMMAD, ESQ. For the Respondent.

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellants filed this appeal against the decision of Kano State High Court in Suit No. K/575/2017, delivered on 26th July, 2018 by Hon. Justice A. T. Badamasi, wherein the learned trial judge entered judgment for the plaintiff (now Respondent) in a suit, for the Defendants (Appellants herein) to pay to the plaintiff the sum of ₦11.4 million, being the cost of 60,000 litres of AGO (Diesel) which the Defendants (Appellants) could not account for.

At the trial Court, the Respondent, as Plaintiff, had filed a suit, seeking the following reliefs against the Appellants (as Defendants):

(a) The sum of Eleven Million Four Hundred Thousand Naira (₦11,400,000:00) been (sic) the value of 60,000 liters (sic) of AGO (Diesel) which the Defendants cannot account for.

(b) Cost of the action.

Prior to the institution of the case, the Respondent had, through his counsel, written to the Appellants, demanding for payment of the said ₦11.4m, which le…

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