(2005) JELR 49511 (SC)    

Supreme Court  ·  SC.290/2000 ·  4 Feb 2005 ·  Nigeria
Other Citations
Obasi Bros.Co. Ltd. v. M.B.A.S. Ltd. (2005) 9 NWLR (Pt.929)117 (2005) 2 S.C (Pt I) 51 (2005) 2 S.C (Pt I) 51
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
cartons of wine
statement of claim
statement of defence
sum of n4,019,052.51
learned counsel
suit no. ld
trial court
decision of the court
high court
leading judgment
final judgment
final liquidation of the debt
only defence
order of dismissal of the respondent
present case
said sum
sole witness
sum of n5,040,500.00
total amount
acts of the respondent
claims of the appellant
defence counsel
evidence of the plaintiff
following averments
form of documentary exhibits
identical issues
learned trial judge akinsanya
merits of the case
order of enforcement of the right
outstanding balance
respect of plot k
respect of the counter-claim
rights of the parties
sale of the mortgaged property
subject matter
substantial evidence
such proceedings

PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): This is an action commenced by the appellant (plaintiff) in which it claimed the sum of N5,040,500.00 (five million, forty thousand, five hundred naira) being the total amount due to the appellant for the 4040 cartons of wine which the respondent (as defendant) took delivery thereof from the appellant of which the said respondent refused to render an account. It equally claimed interest at the rate of 21 per annum until the judgment is finally liquidated, and an injunction mandating (sic) the (defendant) respondent to release to the plaintiff its certificate of occupancy in respect of Plot K, Ojota-Ogudu GRA scheme, Lagos and certificate of occupancy in respect of Cadastral Zone, Abuja.

The respondent as the defendant denied any liability and in fact, counter claimed for the sum of N4,019,052.51. In the action that finally gave rise to this appeal, the appellant had averred it has instructed or authorized the respondent to issu…

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