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KRAUS THOMPSON ORGANISATION LIMITED. V. UNIVERSITY OF CALABAR

(2004) JELR 48912 (SC)

Supreme Court  •  SC.127/2000  •  16 Apr 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC;

Judgement

MUSDAPHER, JSC (Delivering the Leading Judgment): These are an appeal and a cross-appeal against the decision of the Court of Appeal, Lagos, given on the 8th of April, 2000 allowing the appeal of the defendant against the decision of the Lagos High Court Hunponu- Wusu, J, whereby he dismissed the defendant's preliminary objection to the jurisdiction of the trial court to entertain the suit. The matter started this way: Kraus Thompson Organisation Limited as plaintiff took out a specially endorsed writ of summons with a statement of claim on the 22/11/1994 against the University of Calabar, the defendant. The plaintiff's claim against the defendant was in the following terms:-

"i. The sum of SW Fr 31,840:00 and 19065.87 US Dollars being unpaid outstanding sum of money due to the plaintiff in respect of supplies of books and/or journals, the equivalent in Nigerian currency at the Central Bank of Nigeria (CBN) exchange rate is N950,540.34 for the purpose of payment of filing fees.

ii. 1…

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