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PAUL OKOYE & ANOR. V. BARTHOLOMEW OKONKWO & ANOR.

(2006) JELR 33328 (CA)

Court of Appeal  •  CA/E/107/2001  •  3 Apr 2006  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; JA'AFARU MIKA'ILU JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): The "Appellants" who were the defendants have appealed against the judgment of the High Court of Onitsha Judicial Division of Anambra State presided over by Hon. Justice K.K. Keazor delivered on 3/4/2000, entering judgment in favour of the plaintiffs hereinafter referred to "the Respondents"

In their amended Statement of Claim, the respondents as plaintiffs claimed against the defendants jointly and severally as follows:

"The return of 300 bundles of 'Swan" roofing sheets delivered to them in Lagos for delivery at the defendants' office in Onitsha OR IN THE ALTERNATIVE

(b) The sum of N1.5 million being the value and loss of profit on hundred bundles of "SWAN" roofing sheets at N5,000.00 per bundle.

(c) The sum of N1,500 being refund of deposit paid to the 2nd Defendant."

In reply the defendants filed a Statement of Defence, which the defendants amended, denying the claims of the plaintiffs as they are not tenable in law. Theā€¦

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