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SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. CHIEF N.Y. ALLAPUTA

(2005) JELR 23239 (CA)

Court of Appeal  •  CA/PH/144/2001  •  28 Feb 2005  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; JOHN AFOLABI FABIYI JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

JOHN AFOLABI FABIYI, JCA (Delivering the Leading Judgment): This an appeal against the judgment of Ichoku, the High Court of justice, Port Harcourt, Rivers State of Nigeria on the 29th of January, 2001.

The plaintiff at the trial court and respondent herein filed the writ of summons on 27/11/2000 and placed it on the undefended list. It is extant on page 1 of the transcript record of appeal that the writ was marked as undefended. The claims, against the defendant at the trial court and appellant herein read as follows:

"(i) The sum of ₦505 Million being money owed the plaintiff by the defendant inclusive of 15% interest on the initial ₦305 Million from the date it fell due being 24th of December, 1999 till judgment thereafter at 10% on the judgment debt until its satisfaction therefore.

(ii) And subsequently 10% interest on the balance as they shall fall due on the 14/12/2000 and 24/12/2001 until the satisfaction of the debt."

The writ was verified by an affidavit of 5 paragraphs b…

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