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KANO
V.
BAUCHI MEAT PRODUCTS CO. LTD.

(1978) JELR 40839 (SC)

Supreme Court 13 Oct 1978 Nigeria
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Case Details

Suit Number:SC.185/1976
Judges:ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Counsel:Mr. B. Aluko - Olokun For Appellant Mr. Andrew Ikpeme representative of the respondent Company appeared in person. For Respondent
Other Citations:KANO v. BAUCHI MEAT PRODUCTS CO. LTD. (1978) 9-10 S.C. (REPRINT) 36

K. ESO, J.S.C. (Delivering the Leading Judgment): On the 26th of June 1978, when this matter came before us, we allowed the appeal and indicated that we would give our reasons later. We now set out our reasons for allowing the appeal.

The plaintiffs, in the High Court of the North Eastern State, sitting in Bauchi, took out a writ of summons in the undefended list against the defendant. The particulars of the claim with supporting affidavit and to which a statement of account of the defendant with the plaintiffs was attached are as follows:

The plaintiffs claim against the defendant is for the sum of N8496.31 being the balance of the cost of goods sold and delivered to the defendant at the request of the defendant which said amount the defendant has refused and or neglected to pay to the plaintiffs together with the costs of this action."

In an affidavit, sworn to by the Chief Clerk of plaintiffs' solicitor, it was stated that the claim arose as a result of purchases made on credit bas…

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