NYA
V.
ADOKA BAKERY MILLING COMPANY LTD & ANOR

(2003) JELR 44780 (CA)    

Court of Appeal  ·  CA/J/4/98 ·  23 Jun 2003 ·  Nigeria
CORAM
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
plaintiff
undefended list
order
1st respondent
foreign exchange
writ of summons
1st defendant
spare parts
writ
plateau state
sum of n250,000.00
affidavit evidence
11th day of october
chief executive
grounds of appeal
issues
notice of intention
said sum
trial court
2nd defendant
above issues
business partner of the 1st defendant
case of madukolu
company of mr. s.f.a. babatunde
condition precedent of order
copies of the said cheques
dutch national
following depositions
fulfillment of any condition precedent
head office
learned chief judge
learned trial chief judge
learned trial judge
limited liability company
managing director
mr. s. f. a. babatunde
name dr. effiong bassey nya
name of dr. effiong bassey nya
particulars of claim
plaintiff claims
right thing
said parts
such application
supply of spare parts
supporting affidavit of the particulars of claim
union bank cheques

ALOMA MARIAM MUKHTAR, J.C.A. (Delivering the Leading Judgment): In the court below, the Plaintiff, now the 1st Respondent took out a writ on the undefended list as follows:

Particulars Of Claim

(1) The plaintiff is a Limited Liability Company with head office at 28/30/Bukuru Bye Pass, Jos.

(2) The 1st defendant is a Medical Practitioner based at Barakin Ladi, Plateau State.

(3) The 2nd Defendant is a friend and business partner of the 1st Defendant and is Dutch National based at Barakin Ladi, Plateau State.

(4) On or about the 11th day of October, 1993, the Plaintiff paid the Defendants the sum of N250,000.00 (Two hundred and fifty thousand Naira) for the supply of spare parts for its machineries or the equivalent in foreign Exchange (Dutch guilder) to enable the Plaintiff buy the said spare parts.

(5) That the Defendants have not supplied the spare parts or the foreign Exchange and have failed, refused/neglected to refund the said sum despite repeated demands for same by the Plainti…

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