Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


MARTCHEM INDUSTRIES NIGERIA LTD. V.M.F. KENT WEST AFRICA LTD.

(2005) JELR 46156 (SC)    
Supreme Court  ·  SC.114/2000 ·  20 May 2005 ·  Nigeria
 · 
Other Citations
M.I.N. Ltd. v. M.F.K.W.A. Ltd. (2005) 10 NWLR (Pt.934)645 (2005) 5 S.C (Pt II) 121 (2005) 5 S.C (Pt II) 121
CORAM
MUHAMMADU LAWAL UWAIS . Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU 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 GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
evidence
case
appeal
court of appeal
sunday jegede
trial court
judgment of the trial court
trial judge
leading judgment
police station
unchallenged evidence
50kva generator
credible evidence
lower court
nigeria ports authority
amended statement of claim
claims of the plaintiff
credit lyonnais nigeria ltd.
judgment of the court
sets of issues
sum of n556,500.00
conclusion of this exercise
documents of purchase
evidence of the appellant
favour of the appellant
final orders
findings of the trial court
important item
judgment of the court of first instance
kano high court
mr. martin nwaokoli
photograph of the said generator
pleadings of the parties
receipt of payment
receipt of payment of the said sum
record of proceedings
said evidence
state of affairs
submission of the learned counsel
sum of n8,000.00
support of its case
support of the case
uncontested action
united bank of west africa

G.A.OGUNTADE, JSC (Delivering the Leading Judgment): The appellant was the plaintiff at the Kano High Court where it claimed against the respondent, as the defendant, for the following reliefs:

(a) An immediate delivery of one Doz. 50KVA generator which is the most

important item purchased by the plaintiff from the defendant.

(b) Receipt of payment to the defendant by the plaintiff the sum of N556,500.00

plus the documents of purchase of the two (2) generators and other goods purchased

by the plaintiff from the defendant

(c) The sum of N8,000.00 per day as rent due and payable to the

plaintiff by the defendant from 9th September, 1994 to the date of

delivery of the generator to the plaintiff or judgment in this suit."

The plaintiff filed an amended statement of claim dated 4th November, 1996. The defendant had filed a statement of defense dated 28th November, 1994. The case was heard by Ubbaonu, J. At the hearing, the plaintiff called four witnesses in support of its case. The de…

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