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IBWA LTD. & ANOR
V.
PAVEX INTERNATIONAL COMPANY (NIGERIA) LTD.

(2000) JELR 47971 (SC)

Supreme Court 7 Apr 2000 Nigeria
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- The plaintiff obtained judgment before Adeniji J. of the Lagos High Court for the transfer of funds to a foreign supplier and general damages; the defendants' application for stay of execution was refused on 23 July 1991, leading to execu

Case Details

Suit Number:SC.78/1994
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Counsel:T.E. Williams, Esq. For Appellant Respondents absent and unrepresented For Respondent
Other Citations:IBWA Ltd. v. Pavex Int'l Co. (Nig.) Ltd. (2000) 7 NWLR (Pt.663)105

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal declaring as null and void, the ex-parte Order made by Balogun Ag. CJ on the 25th of July, 1991. The said Order was accordingly set aside. The respondent has also cross-appealed against that part of the judgment where it was held that the facts disclosed did not go far enough to established the likelihood of bias against the respondent/cross-appellant by the learned Acting Chief Judge. The other aspect of the complaint of the cross-appellant against the judgment is the failure of the court below to order the 1st respondent to give credit for the drafts issued in satisfaction of the judgment debt at the current rate of exchange.

I think it is convenient at this stage to set as briefly as possible, what led to the present proceedings. It is an acknowledged fact between the parties that on the 7th day of June 1991, Adeniji J. gave judgment in the dispute between the partied agai…

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