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JULIUS BERGER NIGERIA PLC v. TOKI RAINBOW COMMUNITY BANK LIMITED

(2019) JELR 87057 (SC)

Supreme Court  •  SC.332/2009  •  18 Jan 2019  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD..... Justice, Supreme Court MARY UKAEGO PETER-ODILI..... Justice, Supreme Court AMIRU SANUSI..... Justice, Supreme Court AMINA ADAMU AUGIE..... Justice, Supreme Court EJEMBI EKO..... Justice, Supreme Court

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Lead Judgment):

The Respondent had financed two Local Purchase Orders issued by the first Appellant to "Pit-a-Pat International Nigeria Limited'', and in the initial Writ of Summons and Statement of Claim it filed on 1/6/1999 at the Rivers State High Court, Respondent as Plaintiff claimed four Reliefs against the following five Defendants it sued:

1. MR. PETER MORKAH

[The Managing Director of the second Defendant]

2. PIT-A-PAT INTERNATIONAL (NIG.) LTD.

3. MR. PETER NWACHUKWU

[The Contract Manager of the first Appellant Company]

4. MR. A. LOSSMAN

[The Commercial Manager of the first Appellant Company]

5. Julius Berger Nigeria Plc. (The first Appellant herein]

When Mr. A. Lossman left the Country. the Respondent applied to have his name struck out, which was granted, and first Appellant became the fourth Defendant. The Respondent later amended its Writ of Summons and Statement of Claim wherein it claimed eight reliefs set out in paragraph 19 of the Amend…

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