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SAVANNAH BANK OF NIGERIA LTD. V. STARITE INDUSTRIES OVERSEAS CORPORATION & ORS.

(2000) JELR 46611 (CA)

Court of Appeal  •  CA/L/301/96  •  29 Jun 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the 3rd defendant against the judgment of Ilori J. in suit No.ID/1764/88 sitting at the Ikeja High Court on 28/1/93. The plaintiff also now Cross-appellant supplied to the 1st defendant/respondent several goods made up of water pumps, swimming pool equipment and related products; worth $172,921.85 of the equivalent of N864,609 being the amount due and claimed by the plaintiff with 12% interest per annum from 1st August, 1983 until the total sum is paid.

The plaintiff called and relied on evidence of only one witness. The defendants called no witness and evidence at the trial but after cross-examining the witness for the plaintiff, rested their case on plaintiff's case and made submissions on point of law.

The learned trial Judge gave judgment for the plaintiff in the sum of N1,729,281.05 with interest at 12% per annum until the date of judgment and thereafter at 6% per annum until the money is paid.

However, ev…

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