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ALHAJI GARBA TOBACCO v. DR BELLO DANGAJI

(2000) JELR 43928 (CA)

Court of Appeal  •  CA/K/156/98  •  17 Feb 2000  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA;

Judgement

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): The action that gave rise to the appeal was instituted at the High Court of Justice of Kaduna State under the undefended list procedure. The claim of the respondent who was the plaintiff at the Court below against the appellant who was the defendant in the action was for:-

"1. The sum of N500,000.00 (Five Hundred Thousand Naira) only being the amount paid by the plaintiff to the Defendant as consideration for the assignment of plot No.BR2 Unguwan Kudu Kaduna, which consideration failed.

2. Interest on the said amount at prevailing bank rate from the 13th day of September, 1994 until judgment, and 10% (ten percent) interest from the date of judgment until the judgment is liquidated."

Upon being served with the writ of summons accompanied by the affidavit setting forth the grounds upon which the claim was based, the appellant, in compliance with Order 22 Rule 3(1) of the Kaduna State High Court (Civil Procedure) Rules 1987 filed…

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