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TSOKWA OIL MARKETING CO. NIG. LTD. V. BANK OF THE NORTH LTD.

(2002) JELR 47049 (SC)

Supreme Court  •  SC.58/1997  •  17 May 2002  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC;

Judgement

S. U. ONU, J.S.C. (Delivering the Leading Judgment): In the High Court of Taraba State holden at Wukari, the plaintiff (hereinafter referred to as "the appellant") filed an action by a writ of summons dated 22/10/91 against the defendant (hereinafter called "the respondent") in a claim founded in breach of contract in the sum of N4,707,752.80 (Four million, seven hundred and seven thousand, seven hundred and fifty-two naira, eighty kobo) for the failure of the appellant to provide performance bond as earlier agreed in writing. The appellant in addition equally claimed 10% interest on the said sum with effect from 17th day of October, 1991, until judgment and thereafter until final payment. Subsequently, the writ was issued and served on the respondent through its manager at Rafin Kada branch, Taraba State. Consequently, the respondent entered an unconditional appearance on 9/12/91 through its solicitor. Pleadings were ordered, duly filed, exchanged and subsequently amended by the part…

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