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ALHAJI ALI MUKTAR SHESHE v. ALHAJI HASSAN IBRAHIM

(2013) JELR 41669 (CA)

Court of Appeal  •  CA/K/9/2011  •  27 Jun 2013  •  Nigeria

Coram
ABDU ABOKI JCA; THERESA NGOLIKA ORJI-ABADUA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State in Suit No K/208/09 delivered by Honorable Justice Wada Abubakar Umar on the 30th of June, 2009. The Respondent, as plaintiff, commenced an action against the Appellant, as defendant, under the Undefended List Procedure, with leave of Court, and he prayed for:

i. The sum of ₦20,450,000.00 (Twenty Million Four Hundred and Fifty Thousand Naira Only) as money had and received.

ii. 10% Court interest from date of judgment till satisfaction of same.

iii. The cost of this action.

The writ with particulars of claim was dated the 14th of May, 2009 and it was supported by an affidavit of facts deposed to on the 15th of May, 2009 with exhibits attached. The processes were served on the Appellant and he responded by filing a Notice of Intention to defend dated the 27th of May, 2009 and this was supported by an affidavit of facts deposed to on the 28th of M…

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