OMEGA MARITIME AND ENERGY LTD
V.
PRODOS LTD

(2018) JELR 38966 (CA)

Court of Appeal · CA/PH/895/2013 · 20 Apr 2018 · Nigeria

CORAM

THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

defendant

respondent

appellant

statement of defence

claimant

order

favour of the respondent

lower court

paragraph

record of appeal

rule

statement of claim

fifty naira

learned trial judge

admitted facts

civil procedure

lone issue

local purchase order

high court

solemn admission of the appellant

supreme court

alleged admission

evidence act

face of the averments

unequivocal admission

admissions of facts

admitted monies

appellants statement of defence

c-h.

claimant claims

claimant statement of claim

close of pleadings

considered ruling delivered 27th november

different date of maturity

f-b

following reliefs

following reliefs of the lower court

leading judgment

legal basis

obvious reason

purport of the respondents denial

relevant cases

rivers state

said paragraphs

statement of defence paragraph

statement of facts

such admissions

totality of the pleadings of the parties

CORDELIA IFEOMA JOMBO-OFO, JCA (Delivering the Leading Judgment): This appeal is against the decision of Hon. Justice D. W. Okocha of the High Court of Rivers State (hereinafter known as trial/lower Court) delivered 27th November, 2013 in suit No. PHC/2733/2013.

STATEMENT OF FACTS

In a writ of summons issued 10th December, 2012 and a statement of claim dated 4th June, 2013 and filed 6th June, 2013, the claimant at the lower Court who before us is the respondent had sought the following reliefs against the defendant who herein is the appellant:

26. WHEREFORE THE CLAIMANT CLAIMS AGAINST THE DEFENDANT:

A. A declaration that the Claimant is owed Fifty Two Million, Two Hundred and Sixty Three Thousand, Seven Hundred and Fifty Naira only (₦52,263,750.00) by the defendant.

B. An order directing the Defendant to pay the sum of Fifty Two Million, Two Hundred and Sixty Three Thousand, Seven Hundred and Fifty Naira only (₦52, 263,750.00) owed to the Claimant inclusive of value added tax (VAT) by the …

OMEGA MARITIME AND ENERGY LTD V. PRODOS LTD

OMEGA MARITIME AND ENERGY LTD
V.
PRODOS LTD