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A.K. FADLALLAH V. AREWA TEXTILES LIMITED

(1997) JELR 45397 (SC)

Supreme Court  •  SC.38/1991  •  11 Jul 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement
<p>Y. O. ADIO, J.S.C (Delivering the leading : ): In the High Court of Justice, Kaduna State, Kaduna Judicial Division, the appellant's claim against the respondent was for a refund of the sum of N804,362.10, being money deposited by the appellant with the respondent for the supply and delivery of textile materials by the respondent to the appellant between October, 1981 and 1982 in the form of cash, cheques and bank drafts. The appellant also claimed interest at the rate of 10 per cent on the said sum from November, 1982 until payment.</p><p> The appellant, who was a textile merchant, used to buy textile materials from the respondent. For that purpose, he used to deposit cheques and bank drafts with the respondent. The respondent used to issue invoices and waybills in relation to the textiles supplied to the appellant pursuant to the transactions. According to the appellant, the total amount which he deposited with the respondent was N804,362.10 but the respondent did not supply any text…</p>

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