(2000) JELR 43980 (SC)    

Supreme Court  ·  SC.3/1995 ·  30 Jun 2000 ·  Nigeria
Other Citations
Sanusi Bros. (Nig,.)Ltd. v. Cotia C. E. I. S. A. (2000) 11 NWLR (Pt.679)566 (2000) 6 S.C (Pt III) 43
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of defence
statement of claim
summary judgment
learned trial judge
court of appeal
civil procedure
good defence
united states dollars
exhibits a1-a8
overdue interest
26th day of february
such facts
above reasons
date of the writ of summons
due dates
leading judgment
nal merchant bank limited
payment of interest
result of central bank of nigeria
support of its motion
above sum of money
considered ruling of the trial court
date of judgment
defence of frustration
director of cotia nigeria ltd
following facts
high court of justice
issue of law
jurisdiction of the high court of lagos state
learned judge
learned justice
light of exhibit c
mere filing of a sham defence
order of the court
overdue bills
particulars of claim
payment of the said bills
request of the defendant
respect of goods
said bills
various letters

WALI, J.S.C. (Delivering the Leading Judgment): The respondent as plaintiff filed in the High Court of Justice, in the Lagos Judicial Division a specially indorsed writ wherein he claimed as follows:-

'The Plaintiff's claim as indorsed on the writ reads as follows- The plaintiff's claim against the defendant is for Five hundred and sixty thousand, three hundred and fifty-eight dollars and seventy-three cents ($560,358.73) (United States Dollars), being the currency of account and payment, or its current equivalent in Naira under the Second Tier Foreign Exchange Market, for interest payable on overdue bills in respect of goods sold and delivered by the plaintiff to the defendant at the request of the defendant, made up as follows:-

(i) The sum of Three hundred and seventy-nine thousand four hundred and seventy-five dollars and seventy-three cents ($379,475.73) United States Dollars) being the overdue interest; and

(ii) The sum of One hundred and eighty thousand, eight hundred and eigh…

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