Meridien Trade Corporation Limited V. Metal Construction (W.A.) Limited (1998)
LAWGLOBAL HUB Lead Judgment Report
OGUNDARE, J.S.C.
The Plaintiff (now Respondent) had claimed from the Defendant (now Appellant) as hereunder:
” …..the sum of N95,220.15 being the price of steel sold to the defendants by the plaintiffs at the defendants’ request together with interest at 17% per annum up to 30th April. 1982 and thereafter from the 1st of May, 1982 until final satisfaction.
Particulars:-
“I. Invoice No. META/20106/80 N8, 280.72
Interest @ 17% for 352 days 1,313.33
- Invoice No. META/20196/80 5, 742.42
Interest @ 17% for 314 days 812.43
- Invoice No. META/20118/80 66,681.03
Interest @ 17% for 382 days 12,390.14
N95,220.15”
In its statement of claim, the Plaintiff averred:
“3. By an order No. NKC/L0091403/80 dated 8th August, 1990 the defendants ordered mild steel from the plaintiff. The order was shipped on the vessel “Sokoto” under a Bill of Lading No. 10 dated 14th November, 1990 and invoiced by the plaintiffs to the defendants on Invoice No. META/20106/80 valued at N8.280.72.
- Based on the same order as stated in paragraph 3 above the plaintiffs shipped on the vessel “African Palm” mild steel universal beans to the defendants under a Bill of Lading No. 33 dated 31st December, 1980 and invoiced by the Plaintiffs to the defendants through Invoice No. META/20196 valued N5,742.42.
- On the defendants’ order No. NKC/LPO/850/80 of 28th May, 1990 the plaintiffs shipped to the Defendants universal beans on the vessel “ISRICISS” through a Bill of Lading dated 15th October, 1980 and invoiced by the plaintiffs to the defendants vide invoice No. META/20118/80 dated 13th October, 1980 and valued N66.68 1.03.
- All the 3 consignments were supplied on 180 days credit terms attracting 17% interest per annum.
- As at the 30th day of April, 1982 the interest due on Invoice
No.META/20106/80 is NI,213.33 i.e. for 352 days, on Invoice
No.META/20196/80 is N812.43 i.e. for 314 days and on Invoice
No.META/20118/80 is NI2,390.14 i.e. for 382 days.
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