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ALHAJI HUSSANI SHAGIRAWA v. AMINU ALIYU

(2014) JELR 36240 (CA)

Court of Appeal  •  CA/K/10/2012  •  20 Jun 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI ABADUA JCA; JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court, delivered by Hon. Justice Usman Malam Na'abba on the 4th day of July 2011.

The facts giving rise to this appeal are briefly as follows:

The Plaintiff now Respondent in this appeal had a business relationship with the Defendant/Appellant, both parties supplied goat and sheep skin to Kanotan S. A. Limited, the Plaintiff/Respondent supplied the skin to the company in the name of the Defendant/Appellant, and at all times payments were made by the company to the account of the Defendant/Appellant who would now transfer the payment to the Plaintiff/Respondent.

The company made total payment of N57,029,663.00,to the account of the Defendant/Appellant, who in turn transferred N43,624,493.00, to the Plaintiff/Respondent. When Plaintiff demanded for the balance Defendant now said he was entitled to commission of N50:00k on each grade 2 piece of skin. Dispute arose as …

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