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SWIFT BIRD SUGAR COMPANY V. OFI FOOD INDUSTRIES LIMITED

(2010) JELR 48867 (CA)

Court of Appeal  •  CA/I/19/2007  •  18 May 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; SIDI DAUDA BAGE JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of W. K. Olaifa, J. of the High Court of Justice Ibadan in Suit No. I/191/2004 delivered on the 20th November, 2006. In the said High Court below, the present Appellant as Plaintiff had commenced action against the present Respondent as Defendant under the Undefended List Procedure pursuant to Order 23 Rule 1 of the High Court (Civil Procedure) Rules 1988 of Oyo State. In its marked writ of summons dated the 26th April, 2004 contained at pages 1 and 2 of the Record of Appeal, the plaintiff had claimed as follows-

1. The sum of N450,000.00 (Four hundred and fifty thousand Naira) due to the plaintiff and being the balance of the rent unpaid by the defendant in respect of lease of agreement situate at Block C, Plot 6, Oluyole Industrial Estate, Ring Road, Ibadan and which sum the defendant has refused, failed and or neglected to pay to the Plaintiff despite repeated demand and promise …

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