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

(2006) JELR 49514 (SC)    

Supreme Court  ·  SC.401/2001 ·  30 Jun 2006 ·  Nigeria
 · 
Other Citations
X.S. (Nig.) Ltd. v. Taisei (W.A.) Ltd. [2006] 15 NWLR (Pt.1003) 533
CORAM
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
Core Terms Beta
appellants
items
plaintiffs
appeal
trial court
general damages
defendants
alternative relief
breach of contract
issue
special damages
court of appeal
statement of claim
learned trial judge
list of the items
proper order
trial
specific findings of fact
bus seats
decision of the court of appeal
findings of fact
said properties
scrap isuzu tipper lorry
unserviceable scrap properties
agreed list of the items
alternative claim of the plaintiffs
basis of the special damages
claim of the plaintiffs
defendants premises
delivery of the said properties
delta state high court of justice
existence of a valid contract of purchase
finding of fact
following reliefs
law amounts
leading judgment
order of dismissal of the plaintiffs
order of mandatory injunction commanding
pan of this judgment
price of n740,000.00
purchase prize
scrap materials
scrap mistsubishi electric generator
scrap mistsubishi tipper lorries
specific finding of fact
state of the law
such circumstances
support of their claims

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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