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GOLD LINK INSURANCE COMPANY LTD V. PETROLEUM (SPECIAL) TRUST FUND

(2008) JELR 33521 (CA)

Court of Appeal  •  CA/A/233/2006  •  19 Dec 2008  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ABDU ABOKI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Judgment of the Federal High Court, Abuja, in suit No: FHC/ABJ/CS/179/2003 - PETROLEUM (SPECIAL) TRUST FUND AND GOLD LINK INSURANCE COMPANY LIMITED delivered on the 3rd day of October 2006.

Briefly the facts of the case are that the Respondent as the Plaintiff at the lower Court filed this action on the undefended list on the 4th day of April 2003. The matter was later transferred to the general ca se list and pleadings were ordered.

In the suit, the Respondent as Plaintiff claimed the sum of (N3,017,707,37) i.e. Three Million, Seventeen Thousand, Seven Hundred and Seven Naira, Thirty Seven Kobo, being money had and received from the Plaintiff by Tonada Publications ltd and guaranteed by the Defendant i.e. Gold Link Insurance Company Limited, as 70% down payment for the supply of stationery materials and which items were not supplied.

At the trial, the Respondent relied on its guarantee agreement…

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