AUNAM NIGERIA LIMITED V. UTC NIGERIA LIMITED

OBINNAYA ANUNOBI OKEZIE, J.C.A. (Delivering the Leading Judgment): The respondent as plaintiff in the High Court of Jos Plateau State filed a writ of Summons against the defendant/appellant in the following terms:

1. The defendant maintains a credit account No. 7532225 with plaintiff at Jos. The plaintiff sold and delivered to defendant at Jos Fiat 682 T5 Trailer and Peugeot cars the total value of which was N1,893,898.08 as at 28th November, 1984.

2. The amount due from defendant to plaintiff on the aforesaid account as at 18th January, 1989 was N1,653,898.08 which said sum plaintiff now claims from defendant.

AND

3. Plaintiff further claims from defendant interest of 10% with effect from the date hereof and on the judgment debt and cost till payment.

Pleadings were duly filed and exchanged. The respondent filed a statement of claim and the appellant filed a statement of Defence. The appellant denied the respondents' claim alleging in its statement of defence.

(a) That it bought fr…