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THE CITY WAITERS LIMITED v. JIMOH ADIO

(2014) JELR 36178 (CA)

Court of Appeal  •  CA/IL/44/2014  •  4 Dec 2014  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; CHIDI NWAOMA UWA JCA; MUSA HASSAN ALKALI JCA;

Judgement

MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the Kwara State High Court (the trial court) sitting in Ilorin Judicial Division. The judgment appealed against was delivered on 10/4/2013 when the trial Court granted the reliefs of the plaintiff (respondent) under the Undefended List procedure.

The Respondent (as plaintiff) instituted an action against the appellant (as defendant). The claim was for:

1. A sum of six Hundred and Forty Thousand Naira (N640,000.00) only being the balance of the total rent of the lease commencing from 16th December, 2010 and terminates on the 15th December, 2011 owed by the defendant.

2. A sum of one Million, Nine Hundred and Twenty Thousand Naira (N1,920,000.00) only being the total sum of arrears of rent of the claimant's business premises for the period of 16th December, 2011 to 15th December, 2012.

The respondent filed an 18 paragraph affidavit along with the writ.

The particulars of claim toget…

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