CHIEF CHUKWUEMEKA ODUMEGWU OJUKWU V CHIEF OLUSEGUN OBASANJO & ORS
June 11, 2025INTERMERCOSA (NIG.) LTD & ANOR V ANAMBRA MOTOR MANUFACTURING CO. LTD (ANAMMCO) & ANOR
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 08401
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 1, 2004
Suit Number: SC 142/2000
CORAM
M. L. UWAIS
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
Musa Dattijo Muhammad SCN
CHRISTOPHER MITCHELL CHUKWUMA-ENEH – JUSTICE, SUPREME COURT
PARTIES
M. S. C. EZEMBA APPELLANTS
S. O. IBENEME (Trading under the name and style SOIBE Engineering Works Nig.) P. N. UDOJI (Trading under the name and style P. N. Udoji Enter) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent pleaded that it supplied 52,032.9 metres alumininim conductor to the appellant and gave oral evidence to the effect even though it pleaded documentary evidence. The appellant gave contrary and inconsistent evidence in rebuttal.
HELD
The court held by majority (Tobi JSC dissenting) that the Respondent proved the delivery of the cables to the appellant and were thus entitled to the amount claimed.
ISSUES
1. Whether upon a calm view of the pleadings and the evidence, the Court of Appeal below was right when it affirmed the judgment of the court of trial which held that the Respondents had proved that they delivered 52,032.9 meters of aluminium conductor cable to the Appellant. 2. Whether the judgment of the Court of Appeal below represent a dispassionate and full consideration of the issues raised by the Appellant before that court and fully argued in the Appellants brief.
RATIONES DECIDENDI
CASES CITED
Ogidi V. Oliha (1986) 1 N.W.L.R. 1 (Pt.19) 786;|Hal1 V. Hart (1987) 4 N. W.L.R. (Pt.63) 105,|Fasoro V. Beyioku (1988) 2 N.W.L.R. (Pt.76) 263;|Akinbinu V. Oseni (1992) 1 N.W.L.R. (Pt.215) 87|O. Osawaru V. Simon Ezeiruka (1978) 6 & 7 SC. 135
STATUTES REFERRED TO
None.|
