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ASHAKA CEMENT PLC v. ASHARATUL MUBASHSHURUN INVESTMENT LIMITED

(2016) JELR 37032 (CA)

Court of Appeal  •  CA/K/46/2014  •  29 Jan 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Delivering the Leading Judgment) : The Respondent commenced the action in the Lower Court and its claims were for:

i. A declaration that the Respondent had successfully supplied the Appellant with 6,384,469 liters of Low Pour Fuel Oil (LPFO) into its (Appellant's) Kano Storage facility or tanks at N75 per liter.

ii. A declaration that the Appellant has paid the Respondent the sum of N352,058,160.06 out of N478,835,175.00 leaving a balance of N126,777,014.37 unpaid to the Respondent.

iii. A declaration drat the Respondent is entitled to payment of the outstanding N126,777,014.37 from the Appellant being the outstanding balance of the LPFO supplied to the Appellant.

iv. An Order directing the Appellant to pay to the Respondent the sum of N126,777,014.37 being outstanding payment balance on 6,384,469 liters of Low Pour Fuel Oil (LPFO) the Respondent supplied to the Appellant into its Kano storage facility or tanks.

v. 10% interest per annum on the jud…

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