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NIGERIAN ELECTRICITY REGULATORY COMMISSION & ANOR V. GLOSUN INVESTMENT LIMITED

(2017) JELR 38058 (CA)

Court of Appeal  •  CA/A/242/2013  •  31 Mar 2017  •  Nigeria

Coram
TINUADE AKOMOLAFE-WILSON JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of the Federal Capital Territory Abuja, Coram Hon. Justice U. A. Inyang, delivered on the 30th day June, 2011.

Facts In Brief:

The respondent instituted this action against the appellants at the trial Court for breach of contract for the supply of vehicles, on the ground that the appellants reneged from the agreement to pay the balance of the contract sum, contending that they were not aware of the variation of the prices of the vehicles.

The action was commenced by a Writ of Summons dated and filed on the 2nd December 2009, seeking the following declarations against the Defendant now the Appellant:

i. The transaction which took place between the Plaintiff and the Defendants resulting in the delivery of six Nos Nissan 4x4 WD Jeep to the Defendants was a conditional sale.

ii. The Defendants are legally estopped from unilaterally rescinding or denying the promise that the contract…

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