CHEMICAL & WIRE MANUFACTURING LTD V. IBACHEM (IBAFON CHEMICALS) LTD

ADAMU JAURO, J.C.A. (Delivered the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court in suit No.ID/1514/2000 delivered on the 5th June, 2000 coram Adeniji, J.

The facts culminating in this appeal can be briefly summarized as follows: By a writ of summons and statement of claim dated 19th May, 2000 and 22nd May, 2000 respectively, the respondent claimed against the defendant now appellant, the sum of N1,010,000.00 being outstanding amount payable to the respondent for the supply of 23 metric tonnes of HL Polyol (chemical). The respondent further claimed interest on the said sum at the rate of 18% per annum from 25th June, 1998 until judgment and thereafter 6% per annum until final liquidation of the judgment sum. The respondent filed along with the originating processes a motion ex parte for injunction and substituted service and another motion on notice for injunction. On 30th May, 2000 the respondent filed a motion on notice for final judgment a…