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WILSON OBIOHA & SONS LIMITED & ANOR v. INAMSCO MULTI CONCEPTS LIMITED & ANOR

(2017) JELR 38083 (CA)

Court of Appeal  •  CA/C/195/2014  •  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 instant appeal is a fall-out of the judgment of the High Court of Cross River State, Calabar Judicial Division, delivered on November 12, 2013 in suit No. HC/9 B/2013. By the judgment in question, the Court below coram, Okoi Ikpi Itam, CJ; granted the reliefs sought by the Respondents against the Appellants.

BACKGROUND FACTS

The Respondents instituted the present action vide a writ of summons dated and filed on April 10, 2013, claiming against the Appellants:

(a) The sum of N1,171,200.00 (One Million, One Hundred and Seventy One Thousand, Two Hundred Naira) only being money paid the claimants by the defendants for the 615 crates of Assorted Drinks not supplied

(b) The sum of N100,000.00 (One Hundred Thousand Naira) only being cost of litigation.

(c) 10% interest on judgment sum from the day of judgment until judgment sum is fully and finally liquidated.

Supporting the writ of summons, is a 13 paragraphed affidavit …

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