MOSHESHE GENERAL MERCHANT LTD V. NIGERIA STEEL PRODUCTS LTD

ANIAGOLU, J.S.C.: (Delivering the Leading Judgment): The narrow issue in this appeal is as to the binding nature of a solemn admission made before pleadings were served, by Counsel, on behalf of his client.

The facts are clear and simple. The Respondent was the plaintiff in the High Court while the Appellant was the defendant. In the Warri High Court of the Bendel State Judiciary, the plaintiff took out a writ of summons against the defendant claiming as follows:

"The Plaintiffs claim is for the sum N304,574.00 being the balance of payment in respect of goods sold and delivered by the plaintiff to the Defendant in Warri, Bendel State between February 1976 and June 1977, on account of the Defendant's request. The plaintiff also claims interest at the rate of 6% per annum to the date of judgment, and thereafter, at 5% until total debt and costs is liquidated. Dated at Warri this 3rd day of January, 1979."

On 5th February, 1979, the case came before Akpata, J. (as he was then) who order…