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COTECNA INTERNATIONAL LTD. V. IVORY MERCHANT BANK LIMITED

(2006) JELR 37374 (SC)

Supreme Court  •  SC.313/2001  •  7 Apr 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC; MAHMUD MOHAMMED JSC;

Judgement

TOBI, J.S.C. (Delivering the Leading Judgment): Pagade Agricultural Processing Ind. Limited and Pagade Holding Limited, which I refer to as the Pagades, bought a crumb rubber processing machinery from Ivory Merchant Bank Limited for the purpose of equipping their crumb rubber manufacturing plant in Delta State. The Pagades said that the machinery was sold by Ivory to them upon material representations made by Ivory on the quality, merchantability and fitness. The Pagades said that the representations turned out to be false and they brought an action for breach of contract against Ivory at the High Court of Lagos State.

Ivory in its defence denied the existence of a contract. In the alternative, Ivory pleaded that the representations were innocently made based on the negligent or fraudulent misrepresentations made by Cotecna International Limited to Ivory. Ivory commenced Third Party Proceedings against Cotecna by the issuance of a Third Party Notice seeking contribution or indemnity f…

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