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DR. M. G. O. IWEKA v. S.C.O.A. (NIGERIA) LIMITED

(2000) JELR 44196 (SC)

Supreme Court  •  SC.231/1992  •  10 Mar 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC;

Judgement

ONU, J.S.C., (Delivering the Leading Judgment): This interlocutory appeal by the Plaintiff/ Appellant (hereinafter in this judgment referred to shortly as Appellant) is against the ruling of the Court of Appeal, Enugu given on 14th July, 1992 disallowing three motions filed by him on 30th August 1991, 7th February, 1992 and 3rd June, 1992 respectively, in which he sought to amend his appeal (still pending in the Lower Court) and to introduce further evidence therein, it is pertinent to point out in addition, that the action whose tortuous but humble origin commenced in the High Court of Anambra State before Iguh, J. (as he then was) sitting at Onitsha in Suit No.O/241/86, wherein the Appellant's claim in paragraph 13 of the Amended Statement of Claim it is averred as follows:-

"(i) Specific performance by the Defendant of the contract between the parties for the delivery by the Defendant to the Plaintiff of a 504 G.R. air-conditioned Saloon Car.

OR

In the preferred alternative:-

An or…

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