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FAITH ENTERPRISES LTD. v. B.A.S.F NIGERIA LIMITED

(2010) JELR 47537 (SC)

Supreme Court  •  SC.22/2002  •  29 Jan 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

M. S. MUNTAKA-COOMASSIE, JSC.: (Delivering the Leading Judgment): The Respondent herein which was the plaintiff at the trial court claimed against the Appellant, the defendant at the High Court Lagos State in its amended statement of claim as follows:

"Whereof the plaintiff claims against the defendant the said sum of Dm 140,000.00 or its Naira equivalent based on the prevailing rate of exchange of the day the judgment as price of goods sold and delivered to the defendant, been N11,668.41 already paid with interest thereon at the rate of 10% from the 15th of May, 1979 to the date of judgment and thereafter of 5% until the whole debt is liquidated".

The Appellants filed its statement of defence after the closure of pleadings, the Respondent filed an application dated 15/9/1992, wherein it prayed the trial court for the following:-

"AN ORDER to enter judgment for the Plaintiff/Applicant as per the further amended writ of summons and statement of claim upon admission by the Defendant/Re…

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