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YUSUF TIJANI v. MARK UGORJI

(2018) JELR 38397 (CA)

Court of Appeal  •  CA/A/151/2016  •  26 Mar 2018  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TINUADE AKOMOLAFE-WILSON JCA; MOHAMMED MUSTAPHA JCA;

Judgement

ABUBAKR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory Abuja, delivered on 18th January 2016, by Justice A. M. Idris.

The respondent as plaintiff took out a Writ of Summons on the Undefended List, claiming against the appellant as respondent

(i) Immediate payment of N6,000,000.00 (Six Million Naira) being balance of N9,000,000.00 received from the plaintiff and used by the defendant for execution of a contract.

(ii) Cost of prosecuting this action assessed at N500,000.00 only.

The affidavit in support of the Undefended Suit, deposes to the fact that the respondent and the appellant agreed to contribute the sum of N12 million each, totalling N24 million, to enable the appellant execute two contracts for the renovation of barracks and for them to share a profit of N36,974,635.00. On the strength of this, the respondent gave the appellant an initial amount of N6 million and then another N3 millio…

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