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MESSRS. MISR (NIGERIA) LTD V. MALLAM YUSUFU IBRAHIM

(1974) JELR 40978 (SC)

Supreme Court  •  SC.153/1974  •  23 May 1974  •  Nigeria

Coram
GEORGE B.A. COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs in an action instituted by them in the High Court, Kano, against the defendant, now respondent, on a writ endorsed as follows:-

"The plaintiff claims from the defendant the sum of 3,255pounds:11:4d. being the amount due and owing by the defendant to the plaintiff on the defendant's account with the plaintiff.

The defendant refuses or neglects to settle the amount after repeated demands, whereof the plaintiff claims as per the writ."

Pleadings were duly filed by the parties and paragraphs 3, 4 and 5 of the statement of claim, which tells the whole story of the plaintiff's case, are as follows:-

"3. By credit facilities granted to the defendant from October, 1965, at the defendant's request, the plaintiff supplied various goods comprising of textile materials, ladies bags, perfume, bags of salt etc. for which the defendant was required by the terms of the contract to make payments constantly in order to …

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