Ratio DecidendiRatio DecidendiRatio Decidendi



AMADI
V.
THOMAS APLIN AND COMPANY LTD.

(1972) JELR 45196 (SC)    

Supreme Court  ·  SC.268/1966 ·  28 Apr 1972 ·  Nigeria
 · 
Other Citations
Amadi v. Thomas Alpin (1972) 4 S.C. 205 (1972) All N.L.R 413
CORAM
TASLIM OLAWALE ELIAS JSC CHARLES OLUSOJI MADARIKAN JSC UDO UDOMA JSC

Ratio Decidendi

Core Terms Beta
suit no. p
claim of the plaintiff
learned trial judge
bales of stockfish
conduct of the trial
plaintiff's claim
construction of a written contract
use of the plaintiff
defendant company
judgment of the court
plaintiff
statement of claim
purpose of his case
port harcourt
separate vessels
order of court
plaintiff claims
sets of bales of stockfish
proposed amended statement of claim
favour of the defendant company
first consignment
contents of the contract
3rd june
end of july
trial of the main case
defendant
order xxxiv of the high court rules
plaintiff simpliciter
former suit
second sentence
shipment of the stockfish
following terms
first ground of appeal
judgment of w.j. palmer j.
claim of the defendant company
latter suit
proper appreciation of the issues
terms of the contract
slight amendment
support of this ground
following words
third vessels
writ of summons
trial of the case
meantime counsel
notes of the proceedings
such dismissal of the motion
european ports

U. UDOMA, J.S.C. (Delivering the Judgment of the Court): This appeal raises two points of considerable importance one of practice and procedure and the other of the construction of a written contract. The appeal is brought by the plaintiff in suit No. P/99/63 and defendant in suit No. P/5/64 respectively (consolidated) of the Port Harcourt Judicial Division of the High Court of the former Eastern Region holden at Port Harcourt. It is from the judgment of W.J. Palmer J. dismissing the claim of the plaintiff against the defendant company, herein respondent, in the former suit and, in the latter suit, entering judgment in favour of the defendant company in the sum of 6931(pounds) with inclusive costs of 60 guineas.

In suit No. P/99/63 the plaintiff's claim against the defendant company was for the sum of 700(pounds) being "money had and received by the defendant company for the use of the plaintiff, and for a consideration which has failed, and 3300(pounds) damages"; and in suit No. P/5/…

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