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CHIEF F.S. YESUFU & ANOR V. KUPPER INTERNATIONAL N.V.

(1996) JELR 33895 (SC)

Supreme Court  •  SC.302/1989  •  2 Apr 1996  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim against the defendants jointly and severally as contained in paragraph 35 of the Statement of Claim was for the sum of N685,750.00 representing the expenses incurred and services rendered for and on behalf of the defendants at the defendants' request at Benin City in respect of the Ikpoba Dam Hotel and Afuze-Urha-Otu and Ekperi-fugar Roads during the period January 1977 to May 1979.

There was an alternative claim which was for an account of all money received by the defendants in respect of the two projects and payment to the plaintiff of any amount found due to it after such account.

Pleadings were duly filed and exchanged by the parties. The case then proceeded to trial. At the trial five witnesses testified on behalf of the plaintiff while only the 1st defendant testified for himself and on behalf of the 2nd defendant.

Briefly stated the facts of the case are that the plaintiff, a foreign company, was awarded t…

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