(2000) JELR 44021 (SC)    

Supreme Court  ·  SC.50/1994 ·  25 Feb 2000 ·  Nigeria
Other Citations
University Press Ltd.v. I.K.Martins (Nig.) Ltd. (2000) 4 NWLR (Pt.654) 584 (2000) 1 S.C 125
University Press Ltd. v. I.K. Martins (Nig.) Ltd. (2000) 4 NWLR (Pt. 654) 584
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
lower court
judicial division
court of appeal
affidavit evidence
proper venue
court of appeal right
high court
onitsha high court
appropriate venue
mr. fawibe
place of business
leading judgment
substantive matter
exhibit c
exhibits a. a1
ibadan high court
lpo no.
means of local purchase orders nos
question of the appropriate venue of trial
said court
said orders
substantive issue of the appellant
such approach
trial judge ought
body of the leading judgment of the lower court
circumstances of the present case
clearest terms
due consideration of the statement of claim
exhibit e. letter
facts of shoyoye
first supply
high court ibadan
john akinkunmi shoyoye
lead evidence
learned justices of the lower court
leave of the court
main issues
opposite view
respect of reams of newsprint paper

ACHIKE, J.S.C. (Delivering the Leading Judgment): The respondent, as plaintiff, instituted this action on 5/4/90 at the High Court, Onitsha, claiming the outstanding debt of N22,100.00 in respect of reams of newsprint paper sold and delivered to the appellant, as defendant, together with interest. The defendant entered a conditional appearance to the writ. Subsequently, the plaintiff filed a statement of claim. Its paragraphs 4, 5 and 6 are relevant to the issue now contested by the parties and are hereunder reproduced:

"4. Sometime in November, 1989, during scarcity of newsprint, the defendant at Onitsha approached and pleaded with the plaintiff to supply it, the defendant with some reams of newsprint to enable the defendant execute a contract with the Federal Government

5. The defendant at Onitsha ordered by means of Local Purchase Orders Nos. 2257 and 2262, 6000 reams of newsprint paper at the rate of N85 per ream valued five hundred and ten thousand naira (N510,000.00) from the pl…

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