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METALIMPEX V. A. G. LEVENTIS & CO. (NIGERIA) LTD.

(1976) JELR 47888 (SC)

Supreme Court  •  SC.297/1974  •  13 Feb 1976  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; CHARLES OLUSOJI MADARIKAN JSC; CHUKWUWEIKE IDIGBE JSC;

Appearances
Chief Sobo Sowemimo (with him, Messers A.A. Odunsi and G. Alatise) For Appellant Chief Obafemi awolowo ( with Messrs Olaniwun Ajayi and Ladi Opanubi) For Respondent

Judgement

C. IDIGBE, JSC (Delivering the Leading Judgment): This action was started by a writ on 19th January, 1973, in which the appellants (a state Corporation in the Hungarian People's Republic) claim against the respondents (a trading company incorporated in Nigeria), the sum of ₦102,702.73 as indorsers of a bill of exchange dated 1st March, 1972, and payable on 30th April, 1972, and in the alternative as guarantors of a contractual undertaking made to the appellants by Messrs. West Africa Steel and Wire Company Ltd. (hereinafter referred to as "WASCO"), a trading company incorporated in Nigeria; this amount (i.e. ₦102,702.73) is made up of the principal sum of ₦97,798 due under the bill, the sum of ₦4,890.13 being interest thereon and the costs of noting protest on the said bill, being the sum of ₦14.60. The appellants also claim interest on the total sum claimed (i.e. ₦102,702.73) "at 10% per annum until judgement is delivered."

Briefly, the following facts constitute the background to th…

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