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ONYIUKE III
V.
OKEKE

(1976) JELR 46291 (SC)

Supreme Court 5 Mar 1976 Nigeria
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- The case involved a claim by the appellant (plaintiff) against the respondent (defendant) for payment of £1,650, the value of 110 tins of palm oil allegedly sold to the defendant in February 1969, payment to be made in Biafran currency. -

Case Details

Suit Number:SC.430/1974
Judges:DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Counsel:C. Ofodile for the Appellant. For Appellant O. Adimora for the Respondent. For Respondent
Other Citations:(1976) All N.L.R 148 Onyiuke v. Okeke (1976) 3 S.C. 1

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The appellant was the plaintiff and the respondent the defendant in Suit No. 0/15/1972 in which the plaintiff claimed from the defendant-

"the sum of one thousand six hundred and fifty pounds (1 ,650) being the value of 110 tins of palm oil sold and delivered to the defendant about the month of February 1969, which the defendant has refused and/or neglected to pay despite repeated demands."

Pleadings were ordered by the trial court and were duly filed and delivered by the plaintiff and defendant respcetively. Before evidence was adduced at the trial, learned counsel for the plaintiff and for the defendant both agreed that, for the purpose of eliminating unnecessary evidence, they would be bound by the following summary of the issues before the trial court

"1. That there was a transaction of sale of 110 tins of oil at 1,650 biafran currency.

2. Plaintiff states that the sum of 1 ,650 biafran currency was never paid; on the…

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