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NWOSU NORTH AND SOUTH INTERNATIONAL LIMITED & ANOR v. NIGERIA INTERNATIONAL TRADING AND INDUSTRIAL CORPORATION LIMITED

(2014) JELR 36430 (CA)

Court of Appeal  •  CA/J/75/2011  •  20 Jun 2014  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JOSEPH TINE TUR JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

JOSEPH TINE TUR, JCA (Delivering the Leading Judgment): Nwosu North and South International Limited I shall call ("the appellant") instituted a suit against Nigeria International Trading and Industrial Corporation Limited I shall call ("the respondent") before the High Court of Justice, Jos, Plateau State on 28th January, 1975 when I was just entering the University. Twenty Nine years have passed and I am delivering judgment in the dispute. Meanwhile Anthony Nwosu died in the course of the proceedings. He is not alive to know the outcome of the suit. What kind of judicial system is this? There has to be improvement on the justice delivery system in Nigeria. Upon service of the processes the respondent filed a Statement of Defence and a Counter-claim. The appellants' claim was eventually struck out for lack of prosecution. A Counter-claim being an independent cause of action, the respondent proceeded to trial. By the time hearing commenced the appellants' statement of Defence/Joint Def…

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