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VERALAM HOLDINGS LIMITED v. GALBA LIMITED & ANOR

(2014) JELR 42209 (CA)

Court of Appeal  •  CA/PH/381/2007  •  31 Jan 2014  •  Nigeria

Coram
EJEMBI EKO JCA; MODUPE FASANMI JCA; STEPHEN JONAH ADAH JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The writ of summons taken out of the Federal High court, holden at Port Harcourt on 24th November, 2004 by the appellant, as the plaintiff, has two (2) defendants against whom the claims of the plaintiff were made. The 1st and 2nd Defendants, respectively in the said suit no FHC/PH/CS/1537/2004 were GALBA LTD and LT. GENERAL T.Y. DANJUMA (RTD).

In the suit the appellant, as plaintiff, claims in paragraph 21 of the statement of claim endorsed on the writ of summons as follows:

21. Wherefore the plaintiff claims as follows from the defendants:

(a) A declaration that the plaintiff is not indebted to the defendant (sic) in the sum of N590,000,000.00 (Five Hundred and Ninety Million Naira) as claimed in the defendant's letter dated November, 10 2004 or at all

(b) An order of the Honourable court setting aside the notice of intention to sell the shares in Galba Ltd contained in the defendant's letter of November 10, 2004 as illegal and f…

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