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EDWARD OWHOERI & ORS v. WILLIAN OGHRE IKANONE

(1993) JELR 41548 (CA)

Court of Appeal  •  CA/B/232/89  •  19 Mar 1993  •  Nigeria

Coram
YEKINI OLAYIWOLA ADIO JCA; JUSTIN THOMPSON AKPABIO JCA; JAMES OGENYI OGEBE JCA;

Judgement

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an Appeal against a judgment of Odita, J. of the High Court of former Bendel State, sitting at Warri in Suit No. W/1/86 delivered on 19th August, 1988, wherein he entered judgment for the Plaintiff against the Defendants, jointly and severally in the sum of N364,000.00, being money paid by the Plaintiff to the Defendants for a consideration that totally failed, plus interest at the rate of 15% p.a. on the said sum to the date of judgment, plus costs of N700.00

At the trial court, the claim of the Plaintiff against the Defendants was worded as follows:-

'The Plaintiff's claim against the Defendants, jointly and/or severally, is for money paid by the Plaintiff to the Defendants for a consideration which has failed.

By an oral agreement entered into in October, 1983, and made between Plaintiff and the Defendants, the Plaintiff agreed to buy and Defendants agreed to sell imported bags of rice, bags of cements, bales of stock fish…

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