(2011) JELR 44122 (SC)    
Supreme Court  ·  SC.266/2005 ·  25 Mar 2011 ·  Nigeria
Other Citations
Goodwill & Trust Investment Limited v. Witt & Bush Limited (2011) 8 NWLR 500
ALOMA MARIAM MUKTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Core Terms Beta
1st plaintiff
court of appeal
certificate of incorporation
trial court
evidence act
learned counsel
nwlr part
statement of claim
allied matters act
original certificate of incorporation
lower court
juristic person
learned trial judge
registered company
exhibit a
further evidence
ketu lagos state
public document
record of proceedings
burden of proof
said paragraphs
true copy of my company
1st september
leading judgment
above issues
abuse of the process of the court
briefs of argument
cases of ibrahim v
certified copy of the certificate
company registration authority
cost of this action
court of appeal act
decision of the court of appeal
defendants breach of contract
judgment of the court
judgment of the court of appeal
numerous issues
parts of the generator
return of the plaintiffs
right thing
said sum of n5,250,000.00
single issue
site of a third party
suit of the plaintiffs
sum of n567,941.60k

A. M. MUKHTAR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the court of Appeal, Lagos Division, which struck out the suit of the plaintiffs/appellants. The plaintiffs' claim against the defendant at the trial court are as follows, as per the statement of claim:-

"(i) The sum of N567,941.60k being contractual lease sum on rental of 250 KVA Rolls Royce power generating set for 85 days from 8th June, 1998 to 31st August, 1998 and banking charges of N1,275.00 on Defendants Dishonoured Cheques No. 303 and 304 dated 5th June, 1998 and 30th June, 1998 respectively.

(ii) Return of the plaintiffs' 250k Rolls Royce power Generating set to the plaintiffs' yard at 2/4 Sanusi Ibrahim Street Mile 12, Ketu Lagos State.


Payment of the sum of N1.5 million naira being the contractual value of the said 250 KVA generating set.

(iii) Rental sum of N6,666.67k daily from 1st September, 1998 until the generator is returned to the plaintiffs, yard.

(iv) Th…

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