AP PLC
V.
NIVISCO AND COMPANY LTD.

(2001) JELR 44245 (CA)    

Court of Appeal  ·  CA/B/14/98 ·  23 Apr 2001 ·  Nigeria
 · 
Other Citations
A.P. Plc v. Nivisco & Co. Ltd. (2001) 10 NWLR (Pt.720)250
A.P. Plc v. NiviscoCo. Ltd. (2001) 10 NWLR (Pt. 720) 250
CORAM
NIKI TOBI Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
grounds of appeal
issues
defendant
plaintiff
respondent
counsel
issue
preliminary objection
ground of appeal no.1
learned trial judge
notice
appeal no.2
broad issues
limited liability company
trial judge
advance payment
appellant brief
attached affidavit
b. exhibit
briefs of argument
b. see olubusola stores v
cash invoice of a nivisco
complete abandonment of the grounds of appeal
contents of exhibit a
decision of the delta state high court
determination of this court state
following grounds
following orders
general attack
hearing of this appeal
jurisdiction of this honourable court
leading judgment
lone issue
nebulous complaint
notice of intention
notice of preliminary objection
notice of the preliminary objection
order of the trial court
paragraphs f
plaintiffs claim
rules of procedure
said judgment
total sum of n871.570

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State High Court, sitting at Effurun Judicial Division, delivered on the 27th day of May, 1997. The respondent, a limited liability company, as the plaintiff instituted an action against the appellant also a limited liability company, which was the defendant under the undefended list procedure and claimed as per the writ of summons as follows:-

"The plaintiffs claim against the defendant is for the total sum of N871.570.00 (Eight Hundred and Seventy-One thousand, Five Hundred and Seventy Naira), being defendant's indebtedness to the plaintiff for jobs done by plaintiff for defendant, upon the latter's demand, including charges for defendant's hire of plaintiff's Welding Machine as detailed hereunder:-

(I) N27.580.00 for AP. support Deck painting.

(2) N309.990.00 for Welding of damaged barge, belonging to A.P. at Okerenko, Escravos River.

(3) Hire fee for welding machine from 26/3/96 …

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