(1987) JELR 44579 (SC)    

Supreme Court  ·  SC.199/1985 ·  26 Jun 1987 ·  Nigeria
Other Citations
Bank of Baroda v. Mercantile Bank Ltd. (1987) NWLR (Pt. 60) 233 (1987) 3 S.C 570 (1987) 6 SCNJ 165
KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
27th july
31st march
extension of time
order of this court
case file
enlargement of time
lead reasons
notice of appeal
judgment of the high court
notice of appeal viz
order of court
proposed ground
second application
chief williams s.a.n.
decision of the court of appeal
high court
issue of nullity
richard ekeh
stay of execution of the judgment debt
trial court
acceptable reason
affidavit of applicants
central bank
chambers of the learned counsel
circumstances of the case
following paragraph
further enlargement of time
h.a. lardner s.a.n.
high court of lagos state
leading judgment
learned counsel
light of the affidavit evidence
long delay
privy council
said sum of u.s.
second application of the present respondents
senior advocate
substantive question
total amount of judgment debt
written undertaking of the said defendants
wrong exercise of its discretionary powers

ESO, J.S.C. (Presiding and Delivering the Leading Judgment): On 31st March, 1987, when this matter came before this Court, we took arguments from learned counsel and allowed the appeal. I reserved my reasons for the action we took. I now give my reasons for allowing the appeal.

Let me state the facts. only as they affect this appeal. The claim was for -

"(1) the sum of $1,254,977 being the value of shipping documents relating to consignments of milk and white crystal sugar released to the Defendants by the Plaintiffs' agents on the written undertaking of the said Defendants to pay the sum aforesaid thirty days from the 2nd of August, 1978.

(2) Interest on the said sum of U.S. $1.254.977 at the rate of interest allowable by the Central Bank during the relevant period."

What happened before judgment was delivered by the trial Court is irrelevant to this appeal. Judgment was however delivered in favour of the Plaintiffs on the two items of their claim. That was on 13th December 1982.…

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