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TSKJ NIGERIA LIMITED v. OTOCHEM NIGERIA LIMITED

(2018) JELR 39287 (SC)

Supreme Court  •  SC.118/2009  •  13 Apr 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC OLUKAYODE ARIWOOLA JSC KUMAI BAYANG AKA'AHS JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALINJE JSC

Judgement


IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The respondent herein, was the plaintiff at the High Court of Rivers State (trial Court). It is an incorporated limited liability Company which carries on the business of marine construction and equipment leasing.

The appellant herein, was the defendant at the trial Court. It is a limited liability company. It was the case of the respondent at the trial Court that sometime in February, 1997; it entered into a contract with the appellant for the supply of a houseboat for the temporary use of its staff. It was allegedly agreed that the appellant would make an advance payment of ₦6,288,000.00 representing the rental value at the rate of ₦100,000 per day for two months as well as the cost of transporting the houseboat from Warri to Bonny. Certain modifications were also to be made to the boat before delivery. It was contended that the terms and conditions of the contract were spelt out in a Local Purchase Order (LPO) issued …

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