NIGERIA PRODUCE MARKETING COMPANY LIMITED V. COMPANIE NOGA D'IMPORTATION ET D'EXPORTATION SOCIETE ANONYME

LEWIS, J.S.C. (Delivering the Judgment of the Court): In Suit No. LD/98/68 in the Lagos High Court the plaintiffs' writ read:

"The plaintiffs' claim against the defendants is for the sum of 61,209pounds.13s.10d being amount due from the defendants to the plaintiffs as at January 31st, 1968 for breach of contract arising from the fact that the defendants used (Nigerian pounds) as money of account in calculating what was due and payable to them for the price of produce bought by the plaintiffs when, by the contract binding between the parties, sterling (English pounds) should have been used as money of account."

The return date fixed by Adebiyi, Ag. J. (as he then was) was March 18th, 1968.

On that date before Adebiyi, Ag. J. the court record reads:

"Chief F.A.A Williams for the Plaintiffs. Mr. King for Mr. Lardner for the defendants. Chief Williams: Pleadings; 30 days for statement of claim.

Court: Pleadings ordered, the plaintiffs to file statement of claim within 30 days and the def…