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CHIEF PAUL ORDIA v. PIEDMONT (NIGERIA) LTD.

(1995) JELR 43478 (SC)

Supreme Court  •  SC.265/1991  •  24 Feb 1995  •  Nigeria

Coram
MOHAMMED BELLO JSC; SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

BELGORE, JSC (Delivering the Leading Judgment): The appellant bought two galvanised steel barges from the liquidator of a company that constructed the bridge on Ethiope River. That was in 1978, and the two barges were moored near the new bridge. By the time the plaintiff sought to take delivery of the barges he discovered they had been taken away by the defendant to Ologbo where the defendant put them to use. The plaintiff then instituted an action to recover the barges at Sapele in the High Court of the former Mid-Western State but his action was dismissed. He then appealed to the Supreme Court where by consent judgment it was ordered as follows:

"(a) The plaintiff/appellant shall pay to the defendant/respondent the sum of ₦900.00 being the present price agreed to by the parties in respect of both barges constituting the subject matter of appeal.

(b) After payment of the said amount of ₦900.00 by the plaintiff/ appellant to the 2nd defendant/respondent, the 2nd defendant/respondent …

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