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TESAM NIGERIA LIMITED v. SOUTH TEXAS PROJECTS & ANOR

(2003) JELR 46807 (CA)

Court of Appeal  •  CA/B/80/99  •  26 Sep 2003  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; KUMAI BAYANG AKAAHS JCA; AMINA ADAMU AUGIE JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The plaintiff applied for a writ of summons in suit No. W/206/98 in the Warri High Court presided over by Akpiroroh, J. (as he then was) claiming against the defendants -

"(a) The sum of N2,452,500.00 (Two million, four hundred and fifty-two thousand, five hundred naira) being sum owed the plaintiff by the defendants and part of which sum the defendants promised to pay on or before the 29th day of May, 1998 at Warri - a place within the jurisdiction of this Honourable Court.

(b) Plaintiff also claim (sic) the sum of 20% interest of the money owed the plaintiff by the defendants until same is liquidated by the defendants or judgment is delivered.

The defendants have refused, failed and or neglected to pay the above stated sum despite repeated demands for same by the plaintiff."

On the same day that the application for the writ was made, the plaintiff filed a motion ex parte praying for the following reliefs viz:

"1. An ordeā€¦

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