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TOTAL UPSTREAM NIGERIA LIMITED V. A.I.C LIMITED & ORS

(2015) JELR 40491 (CA)

Court of Appeal  •  CA/L/831/2011  •  22 Jul 2015  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; JAMILU YAMMAMA TUKUR JCA;

Appearances
O. Omolodun with C. Ezediaro For Appellant Prof. A.B. Kasumu SAN with A.J Owonikoko SAN, Dotun Abolade, T.P Olatunde (Mrs.) and V.C Mbaeze for the 1st Respondent.Paul Usoro SAN with Sixtus Onuka, C. Eze, Yetunde Oluyayo (Miss) and Temitope Kuti for the 4th Respondent.Ladipo Soetan with A.A. Afadameh. Suzie Momoh (Miss) and D.Emesiobum for the 5th- 9th Respondents. For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State delivered by A.A ALABI CJ on the 4th day of November, 2005 wherein an earlier Garnishee Order nisi was made Absolute against the Appellant and others.

The Genesis of this Appeal flows from the judgment of the Lower Court delivered by C.O. Segun CJ. on the 25th January, 2000. The said judgment was in favour of the 1st Respondent (AIC LTD) and against the two original defendants (MANNESMANN ANLAGENBAU AG and NNPC) in the following terms:-

I will give judgment in favour of the Plaintiff against the 1st and 2nd defendants jointly and severally as follows as contained in schedule B of their statement of claim:

(1) $1, 222,185,40 (US Dollars)

(2) ?547,105.00 (Sterling)

(3) DM 22,270,922,00 (Dutch marks sic).

(4) N2,764,785,40 (Naira)

(5) $750,000.00 being 50%.Commissions of Contract D.

The first and 2nd Defendants shall pay interest on the above sums at t…

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