(1997) JELR 45397 (SC)    

Supreme Court  ·  SC.38/1991 ·  11 Jul 1997 ·  Nigeria
Other Citations
Fadlallah v. Arewa Text. Ltd. (1997) 8 NWLR (Pt.518)546
Fadlallah v. Arewa Text. Ltd. (1997) 8 NWLR (Pt. 518) 546
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU 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
amended statement of defence
learned trial judge
delivery notes
proforma invoices
bank drafts
court of appeal
learned counsel
amended statement of claim
delivery of textile materials
trial court
inter alia
relevant documents
judge of the high court
better particulars of paragraph
civil cases
date of judgment
decision of the learned trial judge
judgment of the learned trial judge
judgment of the trial court
rejected cheques
said sum
sales invoices
aforesaid pro-forma invoices
careful examination of the pleadings
defence of the respondent
following documents
hearing of this case
high court of justice
issues of the rejected cheques
kaduna state
leading judgment
lead judgment of the court
paragraph of the amended statement of claim
particulars of the relevant proforma invoices
particulars of the various cheques
payment deposit of the aforesaid sum
refund of the sum of n804,362.10
relevant amounts
s. m. a. belgore
total amount

Y. O. ADIO, J.S.C (Delivering the leading Judgment): In the High Court of Justice, Kaduna State, Kaduna Judicial Division, the appellant's claim against the respondent was for a refund of the sum of N804,362.10, being money deposited by the appellant with the respondent for the supply and delivery of textile materials by the respondent to the appellant between October, 1981 and 1982 in the form of cash, cheques and bank drafts. The appellant also claimed interest at the rate of 10 per cent on the said sum from November, 1982 until payment.

The appellant, who was a textile merchant, used to buy textile materials from the respondent. For that purpose, he used to deposit cheques and bank drafts with the respondent. The respondent used to issue invoices and waybills in relation to the textiles supplied to the appellant pursuant to the transactions. According to the appellant, the total amount which he deposited with the respondent was N804,362.10 but the respondent did not supply any text…

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