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UNIVERSITY PRESS LTD.V. I.K.MARTINS (NIG.) LTD.

(2000) JELR 44021 (SC)

Supreme Court  •  SC.50/1994  •  25 Feb 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Judgement

ACHIKE, J.S.C. (Delivering the Leading Judgment): The respondent, as plaintiff, instituted this action on 5/4/90 at the High Court, Onitsha, claiming the outstanding debt of N22,100.00 in respect of reams of newsprint paper sold and delivered to the appellant, as defendant, together with interest. The defendant entered a conditional appearance to the writ. Subsequently, the plaintiff filed a statement of claim. Its paragraphs 4, 5 and 6 are relevant to the issue now contested by the parties and are hereunder reproduced:

"4. Sometime in November, 1989, during scarcity of newsprint, the defendant at Onitsha approached and pleaded with the plaintiff to supply it, the defendant with some reams of newsprint to enable the defendant execute a contract with the Federal Government

5. The defendant at Onitsha ordered by means of Local Purchase Orders Nos. 2257 and 2262, 6000 reams of newsprint paper at the rate of N85 per ream valued five hundred and ten thousand naira (N510,000.00) from the pl…

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