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TANAREWA (NIG.) LTD.
V.
ARZAI

(2004) JELR 47880 (CA)

Court of Appeal 12 Jul 2004 Nigeria
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- The plaintiff sued the first and second defendants for non-payment of raw skins. - The trial court ruled in favor of the plaintiff, awarding the cost of the skins. - The defendants appealed, arguing lack of jurisdiction and personal liabi

Case Details

Suit Number:CA/K/23/2001
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria
Counsel:Nuraini Jimoh Holding O. Ayodele, SAN For Appellant Dele Olaniyan, Esq. For Respondent
Other Citations:Tanarewa (Nig.) Ltd. v. Arzai (2005) 5 NWLR (Pt.919)593

SALAMI, J.C.A. (Delivering the Leading Judgment): In the High Court of Kano State of Nigeria, in the Kano Judicial Division, the plaintiff commenced an action by causing a writ of summons to be issued against first and second defendants on the undefended list. The plaintiff subsequently applied successfully for the third defendant to be joined to the suit. Consequently, the writ of summons was amended to read as follows:

"The plaintiff has been a regular supplier of raw skins to defendants before now.

Whenever supplies were made to the defendants by the plaintiff, payment for the supplies were made by the 1st defendant or the 2nd defendant, who is a sister company of the 1st defendant. Sometimes before the first defendant, went into receivership the plaintiff supplied raw skin to it worth N3,469,646.97, for which the plaintiff has not received payment till date, in spite of repeated demands to that effect and acknowledgment of the indebtedness by the 1st defendant. The 3rd defendant p…

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