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WARRI REFINING & PETROCHEMICAL CO LTD v. GECMEP NIGERIA LIMITED

(2020) JELR 87205 (SC)

Supreme Court  •  SC.769/2017  •  24 Jan 2020  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC JOHN INYANG OKORO JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALUMJE JSC

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Benin Division, delivered on 5th July 2017, dismissing the appellant's appeal against the ruling of the trial Court delivered on 11/8/2015 in respect of preliminary points of law raised in paragraphs 1, 2, 3, 6 and 26 of its Statement of Defence, challenging the competence of the suit and the Court's jurisdiction to entertain it.

By its writ of summons and statement of claim filed on 20/3/2015, the respondent, as plaintiff, sought the following reliefs against the appellant:

1) An order of the Honourable Court declaring the defendant's letter dated 30th April, 2014 rejecting the Heptane Chemical supplied to it by the Plaintiff as null and void and of no effect.
2) The sum of ₦20,278,065.00 being the debt owed to the plaintiff by the defendant for the supply of Heptane Chemicals.
3) 21% interest accruing on the debt from December 2013, when the deb…

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