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ARTICLE · 17 JANUARY 2020

What Determines A Liquidated Money Demand Under Nigeria's Undefended List Procedure?

The wordings of the letter operated to confer jurisdiction on the trial court as per the liquidated claim.

NigeriaLitigation, Mediation & Arbitration

In the Supreme Court case of Joseph Uzor & Anor and Daewoo Nig. Limited & Anor (SC. 251/2008) delivered on 25th January 2019, the central issue was whether the Court of Appeal was right in finding that the trial Court had no jurisdiction to entertain the suit on the grounds that the writ of summons sought for reliefs other than liquidated money demand alone.

Brief facts of case

The Appellants (Mr Joseph Uzor) were retained by the 1st Respondent (Daewoo Nig. Limited) to submit 2 volumes of house boat drawings/designs for 100 Offshore Personnel of the 1st Respondent. M. Y. W. Chung, the Project Manager of the 1st Respondent, in a letter dated 26th June 1994, acknowledged receipt of the drawings and stated that the boat construction contract will be awarded to the Appellants but in case of delay or failure, the Appellants will be paid the cost of the drawings/designs and adequate compensation.

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