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OBASI BROTHERS MERCHANT COMPANY LTD. V. MERCHANT BANK OF AFRICA SECURITIES LTD.

(2005) JELR 49511 (SC)

Supreme Court  •  SC.290/2000  •  4 Feb 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Appearances
Mike Okoye, Esq. (with him, Emma Obot, Esq., Ibezim Okoli, Esq. and Charles Obiefuna, Esq.) For Appellant U. Udom, Esq. For Respondent

Judgement
<p>PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): This is an action commenced by the appellant (plaintiff) in which it claimed the sum of N5,040,500.00 (five million, forty thousand, five hundred naira) being the total amount due to the appellant for the 4040 cartons of wine which the respondent (as defendant) took delivery thereof from the appellant of which the said respondent refused to render an account. It equally claimed interest at the rate of 21 per annum until the judgment is finally liquidated, and an injunction mandating (sic) the (defendant) respondent to release to the plaintiff its certificate of occupancy in respect of Plot K, Ojota-Ogudu GRA scheme, Lagos and certificate of occupancy in respect of Cadastral Zone, Abuja. </p><p> The respondent as the defendant denied any liability and in fact, counter claimed for the sum of N4,019,052.51. In the action that finally gave rise to this appeal, the appellant had averred it has instructed or authorized the respondent to issuโ€ฆ</p>

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