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THOMAS APLIN & CO. LTD v. NORTHERN NIGERIA DEVELOPMENT CORPORATION

(1972) JELR 44114 (SC)

Supreme Court  •  SC.205/1970  •  15 Dec 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; DANIEL O. IBEKWE JSC;

Judgement

ELIAS, C.J.N. (Delivering the Leading Judgment): In the Lagos High Court, two Suits No. LD/237/67 and No. LD/344/67 were consolidated into one. In Suit No. LD/237/67, the plaintiff's claim from the defendants the sum of 316,134 pounds, being balance of fees due to and payable in respect of services performed by the plaintiffs as managing agents of defendants' company K. Maroun (Pork Products) Ltd. Under an agreement contained in letters dated 22nd February, 1964, 13th April, 1964 and 28th July, 1964. In Suit No. LD/344/67, the plaintiffs who are the defendants in Suit No. LD/237/67, claim for "an account of all moneys received by the defendants for and on behalf of K. Maroun (Pork Products) Limited at all material times when the defendants acted as managing agents for K. Maroun (Pork Products) Limited a subsidiary of Northern Nigeria Development Corporation and payment over to the plaintiffs of any outstanding moneys not duly accounted for."

Pleadings were ordered and filed. In due c…

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