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SERE-MIDI NIGERIA LIMITED & ANOR v. GUARANTY TRUST BANK PLC

(2017) JELR 41653 (CA)

Court of Appeal  •  CA/B/366/14  •  24 Jan 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

BOLOUKUROMO MOSES UGO J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Edo State, per E.F. Ikponwen J., of 27/06/2014 entering part-judgment of N93,390,081.59 (Ninety-Three Million Three Hundred and Ninety Thousand Eightone Naira, Fifty-Ninekobo) in favour of the respondent out of its total counterclaimed sum of N185,186,154.80. The said part-judgment was entered pursuant to a motion on notice by the respondent alleging that the appellants in their statement of claim admitted owing it that sum.

With the entry of that part-judgment, the stage was ordinarily set for the appellants to prove their claim and the respondent to prove against them its counterclaim less the amount entered as part judgment, but that has been stalled as appellants by this appeal now contend that the said three-relief counterclaim of the respondent subjoined to its statement of defence pursuant to which the lower Court entered its part judgment for respondent was i…

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