(1996) JELR 45890 (SC)    

Supreme Court  ·  SC.47/1990 ·  5 Mar 1996 ·  Nigeria
Other Citations
Abusomwan v. Alwerioba (1996) 4 NWLR (Pt.441)130
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
trial de novo
justice of the case
alternative claim
iron rods
trial court
appellate court
boxes of nails
learned trial judge right
plaintiffs goods
premises of the respondents
second defendant
trial judge
grounds of appeal
international bank
account of plaintiff
account of the plaintiff
appeal relative
consequential order
consequential order of that court
court of appeal rules
court of trial
end of the trial
entire proceeds
first defendant
first respondent
following issues
following orders
general manager
high court
judgment of the learned trial judge
leading judgment
lead judgment of ejiwunmi j.c.a.
payment of these sums of money
premises of second defendant
premises of the first defendant
selling price of rods
ultimate order
view of the above findings

BELGORE, J.S.C. (Delivering the Leading Judgment): Both the plaintiff/appellant and first respondent were businessmen in Benin. They proposed to jointly float a company so that they would trade together in certain commodities. It seemed that joint venture company could not be incorporated in time and it was decided that for the time being each should carry on business in his name or private capacity. It was however agreed that the plaintiff could bring his goods into the premises of the first defendant who would arrange for marketing the same and pay into the account of plaintiff with International Bank for West Africa Limited, Benin-City. The second defendant was a company exclusively owned by first defendant who was sole signatory to its account with a bank.

Both the plaintiff and the second defendant, by separate letters of credit ordered boxes of nails and iron rods from Britain. The vessel bringing these building materials docked at Ogharefe Jetty, near Sapele. Seagul Agencies, …

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