Customer Support

PAN ATLANTIC SHIPPING & TRANSPORT AGENCIES LTD.
V.
RHEIN MASS UND SEE SCHIF FARTS KONTOR GMBH

(1997) JELR 46243 (SC)

Supreme Court 14 Mar 1997 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent, a shipping company registered in West Germany, sued the appellant in the High Court, Lagos, for Deutsche Marks (DM) 2,799,754.83 allegedly due on account of monies had and received by the appellant to the respondent's use.

Case Details

Suit Number:SC.173/1994
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:Olisa Agbakoba For Appellant F.I. Agu (with S.A Ordia (Miss)) For Respondent
Other Citations:Pan Atlantic Shipping & Trans v. Rhein Mass GMBH (1997) 3 NWLR (Pt.493) 248, (1997) 3 NWLR (Pt. 493) 248

Y. O. ADIO, J.S.C. (Delivering the Leading Judgment): The respondent was a shipping company which was registered in West Germany. It sued the appellant in the High Court, Lagos, for Deutsche Marks (DM) 2, 799,754.83 allegedly due on account of monies had and received by the appellant to the respondent's use. On the 8th February, 1988, the appellant brought an application asking that the suit be dismissed on the ground that the respondent wanted payment of a debt in a foreign currency without compliance with exchange control regulations. The application was refused. There was a statement of defence filed by the appellant in anticipation of an unfavourable ruling by the learned trial Judge.

Consequently, the respondent subsequently brought a motion praying the court to strike out the appellant's statement of defence on the ground that it did not disclose a reasonable answer to the respondent's claim and that judgment should be summarily entered for the respondent. The appellant filed a…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.