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(2005) JELR 45184 (SC)

Supreme Court 27 May 2005 Nigeria
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- The respondent (plaintiff) sued the appellant (defendant) in the Kano High Court for USD 341,759.79, being the balance due for goods supplied and dishonoured bills of exchange; judgment was entered for the plaintiff with interest after pr

Case Details

Suit Number:SC.98/2002
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Counsel:Rotimi Ogunewo, Esq. (with him, A. S. Omotosho [Miss]) For Appellant D. D. Odietan, Esq. (with him, J. A. Anejo, Esq.) For Respondent
Other Citations:KTP Ltd. v. G & H (Nig.) Ltd. (2005) 13 NWLR (Pt.943)680 (2005) 5 S.C (Pt II) 140 (2005) 5 S.C (Pt II) 140

EDOZIE, J.S.C. (Delivering the Leading Judgment): Apart from the objection to the competency of this appeal, the narrow and the only issue canvassed in the appeal relates to the fairness of the trial in the court of first instance being the Kano High Court in a case in which the respondent as plaintiff, sued the appellant therein defendant, claiming the sum of USD 341,759.79 being the balance of the price of goods supplied to the defendant. In the alternative, the plaintiff claimed against the defendant as the drawer of several bills of exchange for the balance of the total sum due in the amount of USD 341,759.79 payable to the plaintiff which bills were duly presented for payment and dishonoured to the acknowledgment of the defendant.

Pleadings were duly filed, exchanged and amended and thereafter the trial commenced after several adjournments before it was eventually concluded and judgment delivered. As a complaint predicated on fair hearing has to do with the procedure at the tria…

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