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SOCFIN CONSULTANTS SERVICES ETIENNE DELBAR V. ASUAMAH

(2002) JELR 56464 (CA)

Court of Appeal  •  CA/C/33/96  •  29 Jan 2002  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE, JCA (Presided and Read the Lead Judgment) OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA

Appearances
Babatunde Fagbolunlu, Esq. - for the Appellants. -*- Respondent unrepresented.

Judgement

EDOZIE, JCA (Delivering the Lead Judgment): The 1st appellant, a foreign company with its primary office at 2, Place du Champ De Mars in Brussels, Belgium was the sole defendant in suit No. HOR.14/95 before the Oron Judicial Division of the Akwa Ibom State High Court wherein the respondent as plaintiff by a writ of summons filed on 6th April, 1995 claimed against it -

“... the sum of US Dollars, 2,013,615 (Two Million and Thirteen Thousand, Six Hundred and Fifteen U.S. Dollars) being monies due the plaintiff from the defendant with average interest thereon at 21% from the time the various loans and/or funds became effective till date hereof.” The claim is predicated on two separate contract agreements, referred to as memorandum of understanding entered into between the parties on 22nd June, 1987 whereby the plaintiff was to provide the defendant with certain consultancy services beneficial to the latter. Prior to filing the summons, the plaintiff had by a motion ex parte filed on 2…

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