WESTCOM TECHNOLOGY & ENERGY SERVICE LIMITED V. TRANSCLEAR S.A

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court Lagos Division in Suit No: FHC/L/CS/773/2012 delivered on 26th May, 2015, by Honourable Justice M.H. Kurya in favour of the Respondent.

The material facts grounding this appeal are that the Appellant and the Respondent were involved in a business transaction under which the Respondent supplied the Appellant various cargoes of bulk cement on credit, which after being supplied, accumulated demurrage due to the alleged failure of the Appellant to discharge the cement as at when due.

Upon the failure of the Appellant to discharge the sum allegedly owed under the transaction, the Respondent instituted an action before the lower Court vide a Writ of Summons dated 9th December, 2010, claiming the following reliefs:

i. The sum of US$12,064,435,000 (Twelve Million, Sixty Four Thousand, Four Hundred and Thirty Five United States Dollars) being demurrage that accrued on s…