judy.legal
Login Register

IPCO (W.A.) HOLDING LTD & ANOR. v. SEMBCORP ENG. PTEL LTD

(2011) JELR 33904 (CA)

Court of Appeal  •  CA/PH/12/2007  •  5 Jan 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

M. DATTIJO MUHAMMAD, J.C.A (Delivering the Leading Judgment): On the 10th June 1999, the Respondent in this appeal commenced suit No.NHC/109/99 at the Nchia division of the High court of Rivers state claiming the outstanding sum of US $4,733,183.62 with accrued interest against the Appellants as defendants. The two parties had, on 19th December 1995, entered into an agreement for the supply of various forms of equipments to the Bonny Export Terminal in Rivers state owned by the Nigerian National Petroleum corporation. The Plaintiff/Respondent is, under the agreement, the supplier of the equipments, the total cost of which is US$7,778,875.00.

The action from which the instant appeal arose is for the recovery of the outstanding balance of the cost of the contract after the Appellant had persistently refused to pay the sum inspite of Respondent's repeated demands allegedly agreed and approved the payment of the sum of US $837,725.00 the to Respondent- Having entered appearance, the Appel…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login