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ONIGBINDE
V.
S.B. OLATUNJI GLOBAL NIG. LTD

(2015) JELR 40398 (CA)

Court of Appeal 6 Nov 2015 Nigeria
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Case Details

Suit Number:CA/L/283/2014
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria
Counsel:D. O. Ogebe, G A Okebu For Appellant S. B. Olatunde, G. Nwabuike For Respondent

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered on 26th day of November, 2013.

By a writ of summons together with a statement of claim dated the 12th day of August, 2009, the Plaintiff now Respondent claimed as follows:-

"a. A declaration that the non-supply of the lead ore by the Defendant to the Claimant pursuant to a contract of agreement between the Claimant and Defendant amounts to a breach of contract.

b. The sum of Two Million Naira Only (N2,000,000,00) (Naira being money paid to the Defendant for the supply of 30 metric tons of lead ore which the Defendant failed/neglected or refused to supply.

c. Interest rate of 22% on the said sum of Two Million Naira from February 2008 until judgment is delivered,

d. the sum of Five Hundred Thousand Naira only (N500,000.00) for breach of contract."

The Defendant now Appellant filed a statement of defence and counter-claim dated 17th day of February…

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