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XTOUDOS SERVICES NIGERIA & ANOR
V.
TAISEI (W.A.) LTD. & ANOR

(2006) JELR 49514 (SC)

Supreme Court 30 Jun 2006 Nigeria
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- The dispute arose from an oral contract for the sale of various scrap materials, vehicles, and equipment, with the plaintiffs claiming to have paid N740,000 for the goods but being prevented from collecting all items purchased from the de

Case Details

Suit Number:SC.401/2001
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:A. O. Giwa, Esq. For Appellant Rotimi Oguneso, Esq. - (with him, Bunmi Aina Craig [Miss] and C.O. Oduah [Miss] For Respondent
Other Citations:X.S. (Nig.) Ltd. v. Taisei (W.A.) Ltd. [2006] 15 NWLR (Pt.1003) 533

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The dispute between the parties in this appeal started in the Delta State High Court of Justice, Effurum where the plaintiffs took out a writ of summons against the defendants claiming the following reliefs:

"1. A declaration that the plaintiffs are the bonafide purchasers for value of all that disused unserviceable scrap properties, vehicles and equipment now lying and being at the defendants premises behind Ogheneovo Estate, off P.T.I. Road Effurum, within the jurisdiction of this Honourable Coul1 and described below:

1. One scrap Mistsubishi Electric Generator set yellow in colour.

2. Two scrap Mistsubishi tipper lorries without gear box nor injection pump and with only six each out of their normal 10 tyres, and another scrap Isuzu tipper lorry that has neither an injection pump nor an air compressor.

3. 7 bus seats meant for vehicle No. BD 6450 HA.

4. 1 Scrap crane with Deutche engine

5. 1 Scrap boom or crane handle that has t…

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