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VULCAN GASES LTD.
V.
GESELLSCHAFT FUR IND. GASVERWERTUNG A.G.

(2001) JELR 44281 (SC)    

Supreme Court  ·  SC.67/1995 ·  4 May 2001 ·  Nigeria
 · 
Other Citations
Vulcan Gases Ltd. v. G. F. Ind.A.G. (2001) 9 NWLR (Pt.719)610 (2001) 5 S.C (Pt.1) 1
CORAM
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 SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
consent judgment
counsel
parties
respondent
order
terms of settlement
court of appeal
power of attorney
respondent's counsel
27th july
federal high court
learned trial judge
suit no. fhc
mr. olaniyi okunlola
said consent judgment
set aside
said terms of settlement
following orders
lawful attorney
leading judgment
mutual agreement of the parties
recognition of the disputed terms of settlement
such circumstance
above observations of jenkins
accredited agent
authority of the said respondent
background history of the dispute
better appreciation of the issues
central question
clear instructions
close study of those citations
competence of the action
consequential order
decision of r. d. muhammad
disputed terms of settlement
dr. b.o. babalakin
foreign company
general rule
judgment of the court of appeal
nigerian ports authority
olaniyi okunlola esq
said decision of the court of appeal
said machines
said mr. okunlola
services of the law firm of beatrice fisher
spite of the fact
true agreement
way of originating summons

IGUH, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division, delivered on the 3rd day of June, 1992 wherein the Court of Appeal affirmed the decision of R. D. Muhammad, J., as he then was, sitting at the Federal High Court of the Sokoto Judicial Division. The appellant being dissatisfied with the said decision of the Court of Appeal has further appealed, with leave, to this court.

I think it is necessary for a better appreciation of the issues that arise for decision in this appeal to give a background history of the dispute between the parties.

Following an agreement between the parties sometime in 1978, the respondent, Gesellschaft Fur Industries Gasvenvertung A.G. (G.I.V.), a foreign company with its headquarters in Geneva, Switzerland, shipped some quantities of oxygen and acetylene producing machines to the appellant at a total contract price of U.S. $606,852.00. The goods were cleared by the appellant from the Niger…

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