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NOMSAL MARKETING AND SUPPLIES LTD. & ANOR V. JOASY PEN ENTERPRISES LTD.

(2005) JELR 45249 (CA)

Court of Appeal  •  CA/B/19/2002  •  9 Jun 2005  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; PATRICK IBE AMAIZU JCA; UWANI MUSA ABBAAJI JCA;

Judgement

AMAIZU, J.C.A. (Delivering the Leading Judgment): The plaintiff is a company registered in Nigeria. It carries on the business of transporter, hiring of Barges/Tugs supplies and general contractor.

It has its head office at No.11 Eboh Road, Okunmagba Layout, Warri.

By an agreement dated 29/5/96, the plaintiff agreed to hire its tugboat called "Praise Jah" to the 1st defendant. The consideration was N28, 000.00 daily, payable in advance. The agreement was to last from 1st of June 1996 to 5/7/96, a period of 35 days. The first defendant made a deposit of N350, 000.00. At the expiry of the agreement, the plaintiff on 7/7/96 issued its invoice No. 0133 to the 1st defendant demanding the balance of N630, 000.00.

The 2nd defendant who is the Chairman and the Managing Director of the 1sl defendant and the 1st defendant made a number of unfulfilled promises to pay the balance. The plaintiff filed a writ of summons against the defendants; it also obtained leave of the lower court to place theā€¦

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