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OCEAN FISHERIES (NIGERIA) LIMITED V. VEEPEE INDUSTRIES LIMITED ATLANTIC EXPORTS LIMITED

(2008) JELR 53364 (CA)

Court of Appeal  •  CA/I/141/2005  •  5 May 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA (Presided) MUSA DATTIJO MUHAMMAD JCA AMINA ADAMU AUGIE JCA (Read the Lead Judgment)

Judgement

AUGIE JCA (Delivering the Lead Judgment): This appeal hinges on the issue of territorial jurisdiction; the 1st respondent, who was the plaintiff at the lower court - High Court, Ota, Ogun State, is a company dealing in the manufacturing and sales of polypropylene products with its registered office at kilometre 30 Lagos-Abeokuta Road, Sango-Otta, in Ogun State. The appellant, who was the 1st defendant, has its registered office at 25 Creek Road, Apapa, Lagos, and operated a Shrimp Processing Plant (SSP) located at Plot 67, Ikorodu Industrial Estate, Ikorodu, Lagos State.

They had an agreement that the 1st respondent would supply its products on credit to the appellant on the condition that invoices are settled within thirty (30) days otherwise, interest would be charged at bank rate. Polysheets worth ₦461,495.25 (four hundred and sixty-one thousand, four hundred and ninety-five naira, twenty-five kobo) were supplied on credit to the appellant’s Shrimp Processing Plant at Ikorodu i…

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