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(1969) JELR 91499 (SC)

Supreme Court  •  (SC. 180/68)  •  21 Nov 1969  •  Nigeria

Coker, JSC Madarikan, JSC Fatayi-Williams, JSC


COKER J.S.C.: This appeal is from the judgement of Somolu, J. (as he then was) in two cases consolidated for hearing in the High Court of the Ikeja Judicial Division.

The judgement was given on the 8th of May, 1967, at Ikeja, which was at date a part of what was then known as Western Nigeria. In the first action (i.e. Suit No. IK/89/63) the plaintiffs, who are the present appellants, are claiming from the defendant, who is the present respondent, as follows-

“The Plaintiffs’ claim against the Defendants jointly and severally is for the sum of £11,105.17.2d. being the balance of amount due and owing by the defendants for petroleum products sold and delivered to the defendants and/or their servants and agents at the request of the defendants as per statement of account (copy of which is attached).
The Defendants have refused or neglected to pay the amount in Spite of several demands.”

In the second case (i.e, Suit No, IK/90/63) the writ of the plaintiff's is endorsed as follows:

“the Plaint…

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