(1976) JELR 44454 (SC)    

Supreme Court  ·  SC.115/1975 ·  18 Jun 1976 ·  Nigeria
Other Citations
(1976) All N.L.R 365 Lewis and Peat Ltd v. Akhimien(1976) 6 S.C. 159
CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
rubber lumps
issue of fact
statement of defence
learned trial judge
particular allegation
sum of n1,637.31
cash advances
legal person
legal rights
plaintiffs company
rules of the supreme court
strictest proof
allegation of fact
case of the parties
case pleadings
cash advantages
certificate of incorporation of the appellants
close look
considered judgement
corporate body
corporate existence of a company
corporate existence of plaintiff
corporate personality
customer of the plaintiff
fact of incorporation
final resolution of a dispute
high court of bendel state
leading judgment
legal status
main contention of the appellants
material fact
midwestern state
necessary step
number of issues of fact
onus rests
plaintiffs buy rubber lumps
question of capacity
question of capacity of the appellants
request of the defendant
such allegation of fact
trading company

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): This appeal was allowed on the 17th May, 1976 for reasons which we now give.

In the High Court of Bendel State holden at Ubiaja the Appellants claimed from the Respondent the sum of N1,637.31 as money due from, and owing by, the Respondent. Pleadings were exchange and delivered and relevant portions thereof read:-

"Statement of Claim

(1)The Plaintiffs are a trading Company registered in Nigeria with their Headquarters in Ogbarefe in the Midwestern State.

(2) The Plaintiffs buy rubber lumps and process them for export.

(4) The Defendant has been a customer of the Plaintiff, from April 1966.

(5) The Plaintiffs at the request of their customers of whom the Defendant was one, make cash advantages to them.

(6) The Plaintiffs at the request of the Defendant made cash advances by cheques drawn on Barclays Bank Benin City for the supply or rubber lumps to the Plaintiffs by Defendant.

(7) The advances made to the Defendant were defrayed fro…

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