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SALZGITTER STAHL GMBH v. TUNJI DOSUMU INDUSTRIES LTD

(2010) JELR 47539 (SC)

Supreme Court  •  SC.30/2001  •  30 Apr 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; CHRISTROPHER MITCHEL CHUKWUMA-ENEH JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

C. M. CHUKWUMA- ENEH, J.S.C:(Delivering the Leading Judgment): The Plaintiff/Company has claimed against the Defendant/Company in this action instituted in the Lagos State High Court, "the sum of DM127, 305.49 (N34,689 ..91) being the balance of payment in respect of Universal Coating and Laminating Plant for artificial leather sold by the plaintiff and delivered to the defendant in Lagos. Also interest on the said sum of 9% per annum until the total sum is liquidated. The defendant has refused, failed and/or neglected to pay inspite of repeated demand," It is important to state early enough that the naira equivalent of the German Currency as claimed in the Writ of Summons as N34, 689.91k by the order of the trial court has been amended as per paragraph 9 of the Amended Statement of Claim to read N265, 005.33k. Both parties have filed and exchanged their respective pleadings and at the hearing have called witnesses in proof of their respective cases. In the final analysis, the trial c…

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