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Godwin Iweha v. Ebice Company Limited
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1 × ₦300
₦300
In Stock
Facts:
The claimant filed a claim against the defendant at the High Court of Lagos State
on the allegation that the defendant was indebted to it to the tune ofN26,715,147.00
(Twenty Six Million, Seven Hundred and Fifteen Thousand, One Hundred and Forty
Seven Naira, Only) being the balanceofN51,789,964.29 (Fifty One Million Seven
Hundred and Eighty Nine Thousand Nine Hundred and Sixty-Four Naira and Twenty
Nine Kobo) of the money due and payable to it from and by the Defendant as
principal balance on products supplied to it. The claimant further alleged that the
indebtedness is pursuant to an agreement with the defendant for the supply of TDI
and Polyol products supplied to the defendant, who failed to make payment for
same. The claimant also claimed interest at twenty four percent.
The defendant however stated that the goods supplied by the claimant were
substandard and that even though it was indebted to the claimant, the amount
claimed is in excess because of over-invoicing by the claimant. It further stated
that the interest claimed on the sum was never part of the agreement between the
parties.
During pre-trial proceedings, the court granted the sum ofN25,074,817.47 (Twenty
Five Million, Seventy Four Thousand, Eight Hundred and Seventeen Naira Forty
Seven Kobo) in favour of the claimant being money admitted by the defendant.
The defendant went ahead to make payment for the said amount admitted and
granted by the court. The remaining part of the claim in contention and not admitted
by the defendant went to trial.