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UNIVERSITY OF CALABAR TEACHING HOSPITAL v. LIZIKON NIGERIA LIMITED & ANOR

(2017) JELR 41894 (CA)

Court of Appeal  •  CA/C/05/2015  •  9 Jan 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; MOJEED ADEKUNLE OWOADE JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Cross River State coram E. O. Abua, J; delivered on June 9, 2014 in Suit No, HC/138/2014.

Both the 1st and 2nd Respondents are two distinct limited liability companies that allegedly have had a contractual relationship with the Appellant. On May 22, 2014, the Respondents jointly issued out a writ of summons against the Appellant claiming moneys owed thereto by the Appellant. By the endorsement to the said writ, the Respondents claimed against the Appellant:

1. N11,167,047 (Eleven Million, One Hundred and Sixty Seven Thousand, Forty seven Naira, and Ninety Six Kobo) only being the unpaid contract sum due the 1st claimant for various construction jobs executed by the 1st claimant for the defendant at the defendants hospital complex in Calabar.

2. N7,463,653.0 7 (Seven Million, Four Hundred and Sixty Three Thousand Six Hundred and Fifty Three Naira, Seven Kobo) on…

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