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NEW NIGERIAN BANK PLC. v. DENCLAG LIMITED & ANOR

(2004) JELR 48762 (CA)

Court of Appeal  •  CA/J/28/2000  •  13 Apr 2004  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; AMIRU SANUSI JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

SANUSI, J.C.A. (Delivering the Leading Judgment): This is appeal against the decision of Plateau State High Court of Justice delivered on the 22nd day of October, 1998. The respondents herein were the plaintiffs in the court below while the appellant was the defendant thereat. By writ of summons issued on the 6th June, 1995, the plaintiffs sued the defendant at the lower court. Pleadings were ordered filed and exchanged by parties. With leave of court, parties amended their pleadings. In an amended statement of claim filed with leave of the trial court, the plaintiffs claimed the under-mentioned reliefs against the defendant.

(a) A declaration that the defendant inexplicably caused an undue delay in the remittance of foreign exchange to the plaintiffs'9191 overseas suppliers, namely Sartra International Limited towards the procurement of hospital equipment under and by virtue of tender agreement dated 16/9/1987 as well as mandates to deduct Bauchi State share of federal allocation at…

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