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(1972) JELR 40805 (SC)

Supreme Court 19 Apr 1972 Nigeria
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- The plaintiff claimed a sum of 670 pounds, 3 shillings, and 6 pence as the balance of the price of goods sold and delivered to the defendant. - The defendant had made partial payments but had not paid the remaining balance despite repeate

Case Details

Suit Number:SC.194/1969
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams For Appellant Mr. W.J. Dosunmu For Respondent
Other Citations:(1972) All N.L.R 326 (1972) 4 S.C. 68

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The plaintiff claimed against the defendant the sum of 670 pound:3:6d. (Six Hundred and Seventy Pounds, Three Shillings and Six Pence) as due

to the plaintiff and payable by the defendant and as balance of the price of goods sold and delivered to the defendant at its request in Lagos during the years 1962-64 as per the attached statement of account. The plaintiff also claimed interest on the said pound 670:3:6d at the rate of 5% per annum from the date of judgment, until final payment. The case was placed on the undefended list.

The plaintiff's accountant's affidavit showed that during the year 1962-64, the plaintiff sold and delivered to the defendant goods to the value of 24 pound,205, that between December,1962, and June, 1964, the defendant paid to the plaintiff a total sum of 23 pound,534:16:6d. which was duly acknowledged by the plaintiff and credited to the defendant's account as per Exhibit A attached, that the balance of …

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