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Bornu Holding Company Ltd v. Alhaji Hassan Bogoco

(1971) JELR 45179 (SC)

Supreme Court  •  SC.93/1970  •  29 Nov 1971  •  Nigeria

Coram
CHARLES OLUSOJI MADARIKAN JSC IAN LEWIS JSC ADEMOLA ADETOKUNBO JSC

Judgement


LEWIS, J.S.C (Delivering the Leading Judgment): In suit NEM/II/1969 in the High Court of the North-Eastern State the plaintiff's writ read:

"The plaintiff who resides at Potiskum claims from the defendant the sum of 45,571 Pounds.3s being amount owing by defendant to the plaintiff for the value of 1,255 tons of groundnuts sold and delivered by the plaintiff to the defendant during the 1965/1966 groundnut season, as well as the value of 16,315 jute bags, and agency commission due to the plaintiff from the defendant for the sale of the said 1,255 tons of groundnuts, as well as transport charges on the delivery of the said 1,255 tons of groundnuts to the defendant at Potiskum from the 15th November, 1965 to the 19th January, 1966. The defendant has refused and failed to pay the said 45,571 Pounds.3s to the plaintiff despite repeated demands.",

and his statement of claim concluded as follows:

"and the plaintiff claims 45,571Pounds.3s as follows:
(a) Under paragraphs 3 and 4 for cost of 1,…

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