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NEPA
V.
ALLI & ANOR.

(1992) JELR 43108 (SC)

Supreme Court 2 Oct 1992 Nigeria
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- The plaintiffs claimed that the defendant, a statutory authority responsible for supplying electricity, was negligent in maintaining their transformer, which caused a fire that destroyed the plaintiffs' machines and machinery. - The plain

Case Details

Suit Number:SC.12/1990
Judges:ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC PHILLIP NNAEMEKA-AGU JSC EMMANUEL OBIOMA OGWUEGBU JSC SHEHU USMAN MOHAMMED JSC
Counsel:G.N. Uwechue For the Appellant; Oluwole Aina (with him, O. Akinbi) For the Respondent.
Other Citations:N.E.P.A. v. Alli (1992) NWLR (Pt. 259) 279, (1992) 8 NWLR (Pt. 259) 279

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiffs claim against the defendant is as follows:

''The 2nd plaintiff by an agreement dated 6th September, 1977, sold the machines and machineries listed in paragraph 6 above to the 1st plaintiff upon terms that the 1st plaintiff having paid N15,000.00 to the 2nd plaintiff the aforesaid machines were assigned and delivered to the 1st plaintiff subject to the 1st plaintiff paying to the 2nd plaintiff the balance of N45,000.00 plus interest thereon at the rate of 12% from 6th September, 1977.

The machines supplied and delivered to the 1st plaintiff by the 2nd plaintiff listed in paragraph 6 of the further amended statement of claim were:

1. Long Saw Machine, Model ST 110

2. Band Saw Sharpener, Model CITV25,KS

3. Tensioning Machine

4. Extra Blades and Spare Parts.

After the purchase and delivery of the above machines, the 1st plaintiff established and installed an ultra modem Sawmill Factory at the Industrial Area. Irew…

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