Ratio DecidendiRatio DecidendiRatio Decidendi


(1998) JELR 45672 (SC)    

Supreme Court  ·  SC.260/1993 ·  6 Mar 1998 ·  Nigeria
Other Citations
(1998) 3 S.C 20
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
statement of claim
statement of defence
learned trial chief judge
sum of n95,220.15
amended statement of defence
allegation of fact
counter claim
court of appeal
high court
inter alia
total value of its purchases of steel
plaintiffs claim
said goods
denial of the specific sum
evasive stand
further amended statement of defence
general traverse
leading judgment
mild steel
price of steel
spite of demands
total value of the said goods
brief of argument
court of the documents
final pleadings
following terms
going concern
i. invoice no. meta
judgment of the plaintiff
main issue
order no. nkc
reserved judgment
rules of this court
said steel
subsidiary issue
such purposes
sum of n95.220
support of its respective case
third parties
trial of this action
whole judgment debt

OGUNDARE, JSC (Delivering the Leading Judgment): The Plaintiff (now Respondent) had claimed from the Defendant (now Appellant) as hereunder:

" ...the sum of N95,220.15 being the price of steel sold to the defendants by the plaintiffs at the defendants' request together with interest at 17% per annum up to 30th April. 1982 and thereafter from the 1st of May, 1982 until final satisfaction.


"I. Invoice No. META/20106/80 N8, 280.72

Interest @ 17% for 352 days 1,313.33

2. Invoice No. META/20196/80 5, 742.42

Interest @ 17% for 314 days 812.43

3. Invoice No. META/20118/80 66,681.03

Interest @ 17% for 382 days 12,390.14


In its statement of claim, the Plaintiff averred:

"3. By an order No. NKC/L0091403/80 dated 8th August, 1990 the defendants ordered mild steel from the plaintiff. The order was shipped on the vessel "Sokoto" under a Bill of Lading No. 10 dated 14th November, 1990 and invoiced by the plaintiffs to the defendants on Invoice No. META/20106/80 valued a…

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