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MAGNA MARITIME SERVICE LTD.
V.
OTEJU

(2005) JELR 51482 (SC)

Supreme Court 13 May 2005 Nigeria
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- Plaintiffs (appellants) sued defendants (respondents) at the Federal High Court, Lagos, seeking recovery of a debt for unpaid auto gas oil supplied, plus interest and costs. Respondents failed to file a defence and instead filed repeated

Case Details

Suit Number:SC. 80/2000
Judges:SALIHU MODIBBO ALFA BELGORE JSC (Presided) SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC (Read the Lead Judgment) NIKI TOBI JSC DENNIS ONYEJIFE EDOZIE JSC
Counsel:O. E. Abang - for the Appellants. -*- E. Chienyine, Esq. - for the Respondents.

KALGO JSC (DELIVERING THE LEADING JUDGMENT): This appeal is not as complicated as portrayed by the learned counsel for the appellants in his brief of argument. There was no cross-appeal filed by the respondents in the appeal to this court and the reference to cross-appellant in the title of the appeal was misleading and wrong. In the trial Federal High Court, Lagos, the appellants as plaintiffs claimed against the respondents jointly and severally:

“... the sum of ₦2,839,000.00 (two million eight hundred and thirty-nine thousand naira) being the equivalent of $33,314.00 (thirty three thousand three hundred and fourteen dollars) calculated at the autonomous rate of ₦85.00 per dollar, being the amount owed the plaintiffs by the defendants as at 22nd March, 1993 in that the defendants failed or neglected to effect payment in full for auto gas oil supplied by the plaintiffs and/ or their agent to the defendants’ vessel (M/V Seafriend and Victory Reefer) at the defendants’ request.

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