MAGNA MARITIME SERVICES LIMITED U.D.U. ETUK V. S. A. OTEJU GOLDEN RULE (NIG.) LIMITED
(2005) JELR 51482 (SC)
Supreme Court
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SC. 80/2000
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13 May 2005
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Nigeria
Coram
SALIHU MODIBBO ALFA BELGORE JSC (Presided) SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC (Read the Lead Judgment) NIKI TOBI JSC DENNIS ONYEJIFE EDOZIE JSC
Appearances
O. E. Abang - for the Appellants.
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E. Chienyine, Esq. - for the Respondents.
Judgement
<p><strong> KALGO JSC (DELIVERING THE LEADING JUDGMENT): </strong> This appeal is not as complicated as portrayed by the learned counsel for the appellants in his brief of argument. There was no cross-appeal filed by the respondents in the appeal to this court and the reference to cross-appellant in the title of the appeal was misleading and wrong. In the trial Federal High Court, Lagos, the appellants as plaintiffs claimed against the respondents jointly and severally:</p><p> “... the sum of <span style="background-color: #fff">₦</span>2,839,000.00 (two million eight hundred and thirty-nine thousand naira) being the equivalent of $33,314.00 (thirty three thousand three hundred and fourteen dollars) calculated at the autonomous rate of <span style="background-color: #fff">₦</span>85.00 per dollar, being the amount owed the plaintiffs by the defendants as at 22nd March, 1993 in that the defendants failed or neglected to effect payment in full for auto gas oil supplied by the plaintiffs and/ or their agent to the defendants’ vessel (M/V Seafriend and Victory Reefer) at the defendants’ request.</p><p> ... i…</p>