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ALHAJI HARUNA MUHAMMAD & ANOR v. MAGLODAN NIGERIA LIMITED

(2017) JELR 37479 (CA)

Court of Appeal  •  CA/K/522/2014  •  30 Mar 2017  •  Nigeria

Coram
OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, JCA (DELIVERING THE LEADING JUDGMENT): This appeal arose from a summary Judgment delivered by Hon. Justice Patricia Mahmud of the Kano State High Court on the 28th April, 2014, in respect of a contract transaction between the Appellant and the Respondent for the sale of a 150 tonnes Crusher Parker machine at the cost of N15,000,000.00 (Fifteen Million Naira) which was fully paid for by the Respondent in 5 instalments. On inspection, the crusher machine was discovered to be of 50 tonnes capacity instead of the 150 tonnes capacity agreed upon. The Appellant who agreed to refund the N15M to the Respondent paid only N960,000.00 despite repeated demands.

This prompted the Respondent as Plaintiff before the Lower Court to take out a writ of summons which was placed on the undefended list against the Appellant claiming the sum of Fourteen Million, Forty Thousand Naira being the balance sum of N15M for the Crusher Parker sold to the Plaintiff which on inspection was discover…

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