BURTON RESOURCES LTD & ANOR
V.
FIRST DEEPWATER DISCOVERY LTD

(2021) JELR 109660 (CA)

Court of Appeal 7 May 2021 Nigeria
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Case Details

Suit Number:CA/A/788/2015
Judges:Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA Ebiowei Tobi, JCA
Counsel:Adamson Adeboro For the Appellants; D. A. Awosika SAN with him, S. L. Tasmiya (Ms.) For the Respondent.

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Hon. Justice A. B. Mohammed in Suit No: FCT/HC/CV/2617/2013- Burton Resources Limited and Anor v. First Deepwater Discovery Limited delivered on 2/3/2015 found on pages 246-270 of the record of appeal. The decision of the lower Court after reviewing the evidence before it was in favour of the Respondent who was the claimant before it. The facts that led to this appeal are not complicated at all as there are many areas where the parties to this appeal agreed as to what happened. The Respondent who was Claimant in the lower Court instituted an action against the Appellant, Defendant in the lower Court claiming in summary the sum of N118,000,000 for the supply of 50,000 metric tons of NAPHTA EX-PHRC which the Defendant did not supply after collecting the said sum from the Respondent. The Respondent’s case in the lower Court is found on pages 1-24 of the records which contain the writ of summons…

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