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AFRICAN PETROLEUM PLC V. NIVISCO AND COMPANY LTD

(2001) JELR 44245 (CA)

Court of Appeal  •  CA/B/14/98  •  23 Apr 2001  •  Nigeria

Coram
NIKI TOBI JCA; BABA ALKALI BA’ABA JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State High Court, sitting at Effurun Judicial Division, delivered on the 27th day of May, 1997. The respondent, a limited liability company, as the plaintiff instituted an action against the appellant also a limited liability company, which was the defendant under the undefended list procedure and claimed as per the writ of summons as follows:-

"The plaintiffs claim against the defendant is for the total sum of N871.570.00 (Eight Hundred and Seventy-One thousand, Five Hundred and Seventy Naira), being defendant's indebtedness to the plaintiff for jobs done by plaintiff for defendant, upon the latter's demand, including charges for defendant's hire of plaintiff's Welding Machine as detailed hereunder:-

(I) N27.580.00 for AP. support Deck painting.

(2) N309.990.00 for Welding of damaged barge, belonging to A.P. at Okerenko, Escravos River.

(3) Hire fee for welding machine from 26/3/96 …

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