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TANAREWA NIGERIA LIMITED & ANOR V. MUSA BALA ARZAI & ANOR

(2004) JELR 47880 (CA)

Court of Appeal  •  CA/K/23/2001  •  12 Jul 2004  •  Nigeria

Coram
ISA AYO SALAMI JCA; BABA ALKALI BA'ABA JCA; STANLEY SHENKO ALAGOA JCA;

Appearances
Nuraini Jimoh Holding O. Ayodele, SAN For Appellant Dele Olaniyan, Esq. For Respondent

Judgement

SALAMI, J.C.A. (Delivering the Leading Judgment): In the High Court of Kano State of Nigeria, in the Kano Judicial Division, the plaintiff commenced an action by causing a writ of summons to be issued against first and second defendants on the undefended list. The plaintiff subsequently applied successfully for the third defendant to be joined to the suit. Consequently, the writ of summons was amended to read as follows:

"The plaintiff has been a regular supplier of raw skins to defendants before now.

Whenever supplies were made to the defendants by the plaintiff, payment for the supplies were made by the 1st defendant or the 2nd defendant, who is a sister company of the 1st defendant. Sometimes before the first defendant, went into receivership the plaintiff supplied raw skin to it worth N3,469,646.97, for which the plaintiff has not received payment till date, in spite of repeated demands to that effect and acknowledgment of the indebtedness by the 1st defendant. The 3rd defendant p…

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