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ENGINEER VASSIL VASSILEV V. PAAS INDUSTRIES NIG. LTD. JOHN ASAIJE TRIPLE V. CONSTRUCTION CO. (NIG.) LTD.

(2000) JELR 52880 (CA)

Court of Appeal  •  CA/J/25/97  •  11 Jul 2000  •  Nigeria

Coram
CHRISTOPHER MITCHEL CHUKWUMA-ENEH, JCA ISA ABUBAKAR MANGAJI, JCA

Judgement

AKPABIO, JCA: (Delivering the Lead Judgment) This is an appeal against a judgment of Damulak, J. of the High Court of Plateau State, holden at Jos, in suit No. PLD/J173/95, delivered on the 15th day of May, 1996, wherein he entered judgment in favour of the Plaintiff against the defendants “jointly and severally” in the sum of N6,352.62k being the hire fees (sic) for Terex Scrapper, at the rate of N4,000 per day, from 16/7/92 to this date and thereafter, till the entire sum is liquidated. The defendants were also ordered to return the said Terex Scrapper or its then current value of N750,000.00 “forthwith” with costs of N1,062.00.

At the trial court, the claim of the Plaintiffs, who are now the 1st and 2nd Respondents against the present Appellant and 3rd Respondent, who were the 2nd and lst Defendants respectively, jointly and severally , was as follows:

“The Plaintiffs claim against the defendants jointly and severally is for:-

The sum of N4,000.00 (Four Thousand Naira) per day A wit…

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