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METALIMPEX
V.
A. G. LEVENTIS & COMPANY (NIGERIA) LTD.

(1976) JELR 47888 (SC)

Supreme Court 13 Feb 1976 Nigeria
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- The Supreme Court held that A.G. Leventis (Nigeria) Ltd., as indorser of a bill of exchange, was liable to Metalimpex, rejecting defences based on lack of authority of the signatory, want of consideration, and lack of due presentment/noti

Case Details

Suit Number:SC.297/1974
Judges:DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Counsel:Chief Sobo Sowemimo (with him, Messers A.A. Odunsi and G. Alatise) For Appellant Chief Obafemi awolowo ( with Messrs Olaniwun Ajayi and Ladi Opanubi) For Respondent
Other Citations:(1976) All N.L.R 79 (1976) 2 S.C. 48

C. IDIGBE, JSC (Delivering the Leading Judgment): This action was started by a writ on 19th January, 1973, in which the appellants (a state Corporation in the Hungarian People's Republic) claim against the respondents (a trading company incorporated in Nigeria), the sum of ₦102,702.73 as indorsers of a bill of exchange dated 1st March, 1972, and payable on 30th April, 1972, and in the alternative as guarantors of a contractual undertaking made to the appellants by Messrs. West Africa Steel and Wire Company Ltd. (hereinafter referred to as "WASCO"), a trading company incorporated in Nigeria; this amount (i.e. ₦102,702.73) is made up of the principal sum of ₦97,798 due under the bill, the sum of ₦4,890.13 being interest thereon and the costs of noting protest on the said bill, being the sum of ₦14.60. The appellants also claim interest on the total sum claimed (i.e. ₦102,702.73) "at 10% per annum until judgement is delivered."

Briefly, the following facts constitute the background to th…

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