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SANUSI BROTHERS (NIGERIA) LIMITED V. COTIA COMMERCIO EXPORTACAO E IMPORTACAO S. A.

(2000) JELR 43980 (SC)

Supreme Court  •  SC.3/1995  •  30 Jun 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Appearances
B. O. Ogundipe, Esq. For Appellant I. D. Azeke, Esq. For Respondent

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): The respondent as plaintiff filed in the High Court of Justice, in the Lagos Judicial Division a specially indorsed writ wherein he claimed as follows:-

'The Plaintiff's claim as indorsed on the writ reads as follows- The plaintiff's claim against the defendant is for Five hundred and sixty thousand, three hundred and fifty-eight dollars and seventy-three cents ($560,358.73) (United States Dollars), being the currency of account and payment, or its current equivalent in Naira under the Second Tier Foreign Exchange Market, for interest payable on overdue bills in respect of goods sold and delivered by the plaintiff to the defendant at the request of the defendant, made up as follows:-

(i) The sum of Three hundred and seventy-nine thousand four hundred and seventy-five dollars and seventy-three cents ($379,475.73) United States Dollars) being the overdue interest; and

(ii) The sum of One hundred and eighty thousand, eight hundred and eigh…

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