PASCUTTO
V.
ADECENTRO NIGERIA LTD

(1997) JELR 45454 (SC)    

Supreme Court  ·  SC.128/1991 ·  5 Dec 1997 ·  Nigeria
 · 
Other Citations
Pascutto v. Adecentro (Nig.) Ltd. (1997) 11 (Pt.529) 467
Pascutto v. Adecentro (Nig.) Ltd. (1997) 11 NWLR (Pt. 529) 467
CORAM
SALIHU MODDIBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI 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 ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
plaintiff
respondent
parties
exhibit h
exhibit a
trial court
expo film srl
agent of a third party
material times
learned trial judge
statement of defence
third party
bills of lading
court of appeal
cross-examination
exhibits
balance of the total sum of money
dominion flour mills ltd.
evidence of the parties
exhibit o.
virtue of exhibit h
evaluation of the evidence
facts of the case
oyo state
plaintiffs case
review of the evidence
said exhibit h
a. i. iguh
balance of the total amount
concurrent findings of facts
consequence of the letter exhibit h
decision of the court of appeal
decision of the trial court
exhibit a. ex facie
existence of exhibit a
leading judgment
learned counsel
n612,563.70k equivalent of us
payment of the agreed amount
plaintiffs claim
respect of building materials
respect of the said materials
said plaintiff
sets of issues
subsequent trial
time supply

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued on the 7th day of August, 1985 in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff instituted an action against the defendant claiming as follows:

"The plaintiffs claim is for N612,563.70k equivalent of US $294,762.00 and interest thereon for 5'bd years, being the balance of the total sum of money which the defendant agreed to pay to the plaintiff pursuant to a good accord and satisfaction made in writing between the plaintiff and the defendant dated 3rd August 1979. The defendant has refused to pay this balance despite repeated demands.

Particulars

1. Total sum owing to the plaintiff - N448,304.38k (US $542,000).

2. Total sum paid to the plaintiff on 15/10/79 - US $247,238.00.

3. Outstanding balance - N243,806.45 (US $294,762.00)

4. Interest on outstanding balance from 3/10/79 '97 3/5/85 at 27.5'bd % per annum N368,757.25".

Pleadings were ordered in the suit and were d…

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