WARRI REFINING & PETROCHEMICAL COMPANY LIMITED V. GECMEP NIGERIA LIMITED

JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This appeal emanated from the Ruling of the Delta State High Court sitting at the Warri Judicial Division in Suit No. W/54/2015 Between - GECMEP NIGERIA LIMITED v. WARRI REFINING and PETROCHEMICAL CO. LTD delivered on 11th day of August 2015.

Briefly, the facts of this case are that the Respondent who was the Plaintiff at the lower Court instituted an action against the Appellant who was the Defendant in that Court. The claim is as follows:-

"(i) An Order of this Honourable Court declaring the Defendants letter dated 30th April 2014 rejecting the Heptane Chemicals supplied to it by the Plaintiff as null and void and of no effect whatsoever.

(ii) The sum of ₦20,278,065.00 being the debt owed to the plaintiff by the Defendant for the supply of Heptane Chemicals.

(iii) 21% interest accruing on the debt from 3rd of December 2013 when the debt was due for payment to the date of payment of the debt.

(iv) The sum of ₦450,000.00 being Spe…