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

(1997) JELR 46243 (SC)    
Supreme Court  ·  SC.173/1994 ·  14 Mar 1997 ·  Nigeria
 · 
Other Citations
Pan Atlantic Shipping & Trans v. Rhein Mass GMBH (1997) 3 NWLR (Pt.493) 248
Pan Atlantic ShippingTrans, v. Rhein Mass GMBH (1997) 3 NWLR (Pt. 493) 248
CORAM
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
Core Terms Beta
appellant
defendant
statement of defence
plaintiff
court
paragraph
respondent
appeal
issue
reasonable answer
summary judgment
west germany
brother adio
inter alia
learned trial judge
civil procedure
illegality of the transaction
issue of illegality
preliminary objection
only defence
aspect of the matter
corporate entity
court of appeal
exchange control laws of nigeria
existence of the respondent
instance of the defendant
judgment of the court
judgment of the learned trial judge
question of illegality
support of the notice of intention
following statement
high court
judgment of the learned judge
lagos state
leading judgment
main issue
pleading of the defendant
rules of this court
shipping company
verifying affidavit
view of the alleged challenge
y. o. adio

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…

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