UNIVERSITY OF BENIN V. KRAUS THOMPSON ORGANIZATION LTD. & ANR.

CLARA BATA OGUNBIYI, J.C.A:(Delivering Leading Judgment); This is an appeal against the final judgment of the Lagos State High Court delivered on the 20th of January 2000 by way of summary judgment under Order 11 of the High Court of Lagos State (Civil Procedure) Rules per Honourable Justice Y. O. Yusuph of the Ikeja Judicial Division.

At the lower Court, the plaintiffs' claims against the defendant as spelt out at paragraph 20 of their statement of claim were as follows:-

"20. WHEREOF, the plaintiffs claim;

i. The sum of $26,289.82 (twenty-six thousand, two hundred and eighty nine U.S. dollars, eighty-two cents) being the outstanding payment on supply of books journals and periodicals made to the Defendant on credit.

ii. The sum of $413.00 (four hundred and thirteen U.S. dollars) being the outstanding payment on Invoice No. 6309 valued at $5,513.00 (five Thousand, five hundred and thirteen U.S. dollars for which the sum of $5,100.00 (five thousand one hundred U,S. dollars) were alleg…