SHAYI
V.
BABA

(2017) JELR 34298 (CA)

Court of Appeal 24 May 2017 Nigeria
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- The appellant, a student and businessman, claimed an equal partnership with the respondent in importing seven containers of pasta-making machines and ceramics from China, alleging that the respondent failed to render accounts and remit $9

Case Details

Suit Number:CA/K/491/2013
Judges:IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria
Counsel:Segun Olabode, Esq. For Appellant I.M. Ahmad, Esq. For Respondent

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The Judgment on appeal is in respect of a claim for the rendering of account and payment due from a partnership transaction. The Appellant was the plaintiff at the lower Court. His case at that Court is that at all times material to the case, he was a student in China and at the same time, a business man involved in import/export business. The relationship he had with Respondent who was the defendant in the lower Court, started when an Igbo trader called Donatus was unable to fully pay for three container loads of pasta making machines ordered from a Chinese company. The Appellant saw an opportunity in the inability of Donatus to fully pay for the container loads of the machines and therefore approached the Respondent with a view to forming a business partnership with him to pay for the containers of the pasta making machines and to generally import goods from China. He and the Respondent agreed on the partnership,…

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