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FAM-LAB NIGERIA LIMITED & ANOR v. JAHMARCO NIGERIA LIMITED & ANOR

(2018) JELR 42025 (CA)

Court of Appeal  •  CA/AK/6/2011  •  9 Mar 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal probes into the correctness of the decision of the High Court of Ondo State, sitting in Akure (hereinafter addressed as the lower Court), coram judice: T. O. Osoba, J., in Suit No. AK/167/2005, delivered on 29th September, 2009. Before the lower Court, the appellants and the respondents were the defendants and the plaintiffs respectively.

The facts of the case, which transformed into the appeal, are submissive to brevity and simplicity. By a letter dated 2nd January, 2001, the Adekunle Ajasin University, Akungba-Akoko, Ondo State, awarded a contract for the supply of some health centre items to the respondents. Then, the respondents entered into a contract with the appellants, dealers in health centre equipment, for the supply of those items to it in the sum of N855,000 (Eight Hundred and Fifty-Five Thousand Naira only). The terms of the supply and payment were embodied in the contract entered by the parties.…

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