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GOODWILL & TRUST INVESTMENT LTD. & ANOR v. WITT & BUSH LTD.

(2011) JELR 44122 (SC)

Supreme Court  •  SC.266/2005  •  25 Mar 2011  •  Nigeria

Coram
ALOMA MARIAM MUKTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

A. M. MUKHTAR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the court of Appeal, Lagos Division, which struck out the suit of the plaintiffs/appellants. The plaintiffs' claim against the defendant at the trial court are as follows, as per the statement of claim:-

"(i) The sum of N567,941.60k being contractual lease sum on rental of 250 KVA Rolls Royce power generating set for 85 days from 8th June, 1998 to 31st August, 1998 and banking charges of N1,275.00 on Defendants Dishonoured Cheques No. 303 and 304 dated 5th June, 1998 and 30th June, 1998 respectively.

(ii) Return of the plaintiffs' 250k Rolls Royce power Generating set to the plaintiffs' yard at 2/4 Sanusi Ibrahim Street Mile 12, Ketu Lagos State.

ALTERNATIVELY

Payment of the sum of N1.5 million naira being the contractual value of the said 250 KVA generating set.

(iii) Rental sum of N6,666.67k daily from 1st September, 1998 until the generator is returned to the plaintiffs, yard.

(iv) Th…

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