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Glomite Nigeria Ltd v. Shellborn Marine Co. Nig. Ltd
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1 × ₦300
₦300
In Stock
Facts:
The claimant sued the defendant at the High court of Lagos Sate for among several reliefs an order directing the defendant to refund to the claimant the sum of $100,000 (One Hundred Thousand Dollars) or its current Naira equivalent being sum charged by the defendant for a service the defendant failed to carry out but for which the claimant was debited.
The claimant is a customer of the defendant who advanced a facility to the claimant. The facility was $30,000,000 (thirty Million Dollars) granted in 2008 and was to last for a year. One of the pre-conditions for the facility was that the claimant will be charged a management fee of 0.5 % of the total facility. The claimant alleged that the defendant, pursuant to the agreement, released the sum of $7,900,000 (Seven Million Nine Hundred Thousand Dollars) but failed subsequently to release the remaining part of the facility after repeated demands. The claimant further alleged that as a result of the breach of contract, it incurred several losses and that in spite of this fact the defendant still went ahead to charge interest on a facility it never released to it.
The defendant however, contended that the claimant failed to meet up with the pre-conditions for draw down and that the sum of $7,900,000 (Seven Million Nine Hundred Thousand Dollars) released to the claimant was at the discretion of the defendant in the belief that the claimant will subsequently fulfil the pre-conditions for the facility.