CHRISTOPHER EMODI & ORS VS AKUNNIA RIGHT KWENTOH & ORS
July 4, 2025EZEAFULUKWE VS JOHN HOLT LIMITED
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 63117
In the Supreme Court of Nigeria
Tue Feb 13, 1996
Suit Number: SC.11/1990
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
ADEBISI MACGREGOR ASSOCIATES LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff in an agreement with Bol-Bol & Co. Ltd for the importation and supply of 14,000 bales of Norwegian stockfish to the latter for a sum of N11,445,000.00.Apart from the initial deposit of N200,000.00 paid into the account of the plaintiff by Bol-Bol and Co. Ltd., no other money was paid into the account of the plaintiff. On failure of Bol-Bol & Company Limited to take delivery two days after arrival, the plaintiff, with the agreement of Bol- Bol & Company Limited and the defendant offered to sell the said stockfish to other buyers.
HELD
The appeal is accordingly dismissed. The judgment of the court below is affirmed. The defendant is given unconditional leave to defend the action before another judge of the Lagos State High Court. He is also entitled to N1,000.00 (One thousand naira) costs to be paid by the plaintiff.
ISSUES
What is the proper construction of Order 10 Rule 1(a) of the Lagos State High Court Civil Procedure Rules, 1972 ?
RATIONES DECIDENDI
CASES CITED
Harrison v. Bottenheim (1878) 2 W.R. 262 at 268Saw v. Hakim 5 T.L.T. 72, Award v. Plumbey 6 TLR 198 and,Ray v. Barker 4 Ex. D. 279. ?
STATUTES REFERRED TO
