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CONSTRUZION GENERAL FARSURA COGEFARSPA

(1974) JELR 48801 (SC)

Supreme Court 19 Dec 1974 Nigeria
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- The plaintiff, a statutory corporation (Nigerian Ports Authority), sued the first defendants (building contractors) and second defendant (its former chief executive) for money had and received, interest, and damages based on alleged unaut

Case Details

Suit Number:SC.243/1973
Judges:GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Chief G.K.J. Amachree (M.F. Alakija and LN. Mbanefo with him) for the Appellant. For Appellant Chief F.R.A. Williams (ALAL.Balogun andA.O. Williams with him) for the 1st Respondent.J A. Cole for the 2nd Respondent. For Respondent
Other Citations:(1974) All N.L.R 945 (1974) 12 S.C. 69

D. O. IBEKWE, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of J.I.C Taylor, Chief Justice delivered on 3rd ofJanuary, 1972. The plaintiffs' amended claim against the defendants is as follows:

"(a) 80,810:0s:0d. money payable by the defendants to the Plaintiff for money received by the defendants for the use of the Plaintiff. Between January, 1966 and July, 1967 the 2nd Defendant cause payment of the said money, the property of the Plaintiff, to the 1st Defendant without authority from the Plaintiff;

(b) 32,324:0s:0d. interest thereon at 10% per annum for four years;

(c) 50,000:0s:0d. general damages; And the Plaintiff claims the total sum of 163,134:0s:0d.

2. Alternatively, the Plaintiff's claims against the 2nd Defendant for 163,134 damages for Deceit."

The 1st defendants counterclaimed for the sum of 287,986.

The plaintiffs are a statutory corporation entrusted with the management of the ports of Nigeria. The first defendants are building contractors…

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