Bassey Effiong Nya V. Adoka Bakery Milling Company Limited & Anor (2003)

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ALOMA MARIAM MUKHTAR, J.C.A. 

In the court below, the Plaintiff, now the 1st Respondent took out a writ on the undefended list as follows:

Particulars Of Claim

(1) The plaintiff is a Limited Liability Company with head office at 28/30/Bukuru Bye Pass, Jos.

(2) The 1st defendant is a Medical Practitioner based at Barakin Ladi, Plateau State.

(3) The 2nd Defendant is a friend and business partner of the 1st Defendant and is Dutch National based at Barakin Ladi, Plateau State.

(4) On or about the 11th day of October, 1993, the Plaintiff paid the Defendants the sum of N250,000.00 (Two hundred and fifty thousand Naira) for the supply of spare parts for its machineries or the equivalent in foreign Exchange (Dutch guilder) to enable the Plaintiff buy the said spare parts.

(5) That the Defendants have not supplied the spare parts or the foreign Exchange and have failed, refused/neglected to refund the said sum despite repeated demands for same by the Plaintiff.
Whereupon the Plaintiff claims against the Defendants jointly and severally as follows:

(a) The sum of N250,000.00 (Two hundred and fifty thousand Naira) being money advanced to the Defendants for the supply of the spare parts or foreign Exchange.

(b) Interest at the rate of 21% per annum with effect from 11/10/93 until judgment and thereafter 10% until final payment.

(c) Cost of this action.

The Plaintiff Company’s Manager Pius Ejiga made the following depositions in the supporting affidavit of the particulars of claim.

(5) That on or about the 11th day of October, 1993, the Defendants came to the head office of the Plaintiff situated at 28/30 Bukuru Bye-Pass, Jos, in company of Mr. S.F.A. BABATUNDE an ex-staff of the Plaintiff

(6) That both Defendants introduced themselves to us as business partners.