ZAKHEM CONSTRUCTION NIG. LTD. V. MR. EMMANUEL NNEJI (TRADING UNDER THE NAME AND STYLE OF EMMACO GROUP OF COMPANIES)

OMAGE, JCA (Delivering the Lead Judgment): In this appeal from the judgment of Kaduna State High Court Coram Hon. Justice Umaru Adamu, delivered on 9/2/2000; the appellant prayed in his amended appellant’s brief filed on 28/5/2001 this court to set aside the said judgment. The said judgment was delivered against the appellant when in a suit against the appellant by the respondent, the appellant was ordered as follows:-

(i) To pay to the plaintiff/respondent herein, the cost of hiring 63 gass cylinders from 1st December, 1993 to 28th February, 1993, the sum of N283,500.

(ii) “Transportation on 8 occasions to Suleja at N4000 per trip N32,000.

(iii) Defendant shall pay cost of hiring at N50,000 per cylinder per day from 28th February 1994 to 31st July 1995.

(iv) Defendant, shall pay cost of hiring at N50 per cylinder per day from 1st August, 1995 to 23/12/99

(v) Defendant shall pay general damages to the plaintiff in the sum of N125,000 judgment entered in favour of the plaintiff as above I…