(2011) JELR 44580 (CA)    

Court of Appeal  ·  CA/B/255/99 ·  21 Jun 2011 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial judge
learned trial judge
spare parts
grounds of appeal
price review
agreed sum
mutual understanding
brief of argument
favour of the plaintiff
lagos office of the appellant
price differentials
set aside
cross examination
due inspection of invoices
further answer
marine spare parts
plaintiffs statement of claim
said judgment
subject invoices
trial court
approval of the lagos office of the appellant
business of marine transportation
confirmation of prices
due consideration
evaluation of issues
exhibits a1
exhibits e1-813
facts of the case
following paragraphs of the statement of defences
further grounds of appeal
grounds of the appeal
issue of interest
items of spare parts
judgment of the high court
leading judgment
main thrust of the counsel
officer of the appellant
plaintiffs claim
plaintiff s statement of claim
preponderance of evidence
respect of the spare parts
said sum of n137.520
said supplies
supply of marine spare parts

GEORGE OLADEINDE SHOREMI. J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court sitting in Warri Judicial Division Delta State of Nigeria where the learned trial Judge gave Judgment in favour of the plaintiff. The said Judgment was delivered on 13th May, 1997. It is on pages 33 - 43 of the Records of Proceedings.

The Respondent as Plaintiff claimed in the trial court as follows:-

(i) The said sum of N137.520.00 being the balance of money owed by the Defendant to the Plaintiff in respect of the spare parts supplied By the Plaintiff to the Defendant between the months of October, 1993 and January, 1994.

(ii) Interest at the prevailing bank rate from January, 1994 until judgment is given.

(iii) Other suitable reliefs"

The facts of the case are:

"The Appellant who at all times material to the filing of the Writ of Summons against it, was engaged in the business of marine transportation and had a contractual arrangement with the Respondent, a d…

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