JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Respondent supplied a Heidelberg Speed Master 102 four Colour Printing Machine sometime in November, 2009 valued at N45,000,000.00 (Forty Five Million Naira) only to the appellant. The appellant made a deposit payment of N9,000,000.00 (Nine Million Naira) only and took possession of the machine. In the course of time the appellant would no longer complete payment on the ground that it was not new but second hand. In the course of the protracted argument that arose between the parties the Respondent invited the Economic and Financial crimes commission (EFCC) alleging that the appellant had obtained the printing machine from her under false pretences. The commission arrested and detained the appellant. Upon release the appellant took out a writ of summons against the Respondent, the Commission and one of her officer in the High Court of Justice, Calabar in suit No. HC/72/2011 on 8th day of March, 2011 claiming the following …
OBU
V.
J. O. OLUMBAMISE PRINTERS LTD.
(2013) JELR 35956 (CA)
Court of Appeal 19 Mar 2013 Nigeria
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Case Details
Suit Number:CA/C/08/2012
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria
JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:D. Diegbe with U. Itam & U. Essien For Appellant
No representative for the Respondent though learned Counsel for theRespondent was served hearing notice on 7th day of February, 2013. For Respondent
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