Before Their Lordships
MUHAMMADU LAWAL UWAIS……. Justice of the Supreme Court
ABDUL GANIYU OLATUNJI AGBAJE……. Justice of the Supreme Court
AUGUSTINE NNAMANI……. Justice of the Supreme Court
CHUKWUDIFU AKUNNE OPUTA……. Justice of the Supreme Court
ABUBAKAR BASHIR WALI……. Justice of the Supreme Court
Between
MARTIN SCHRODER AND CO.
(Of Hamburg W. Germany)
(By Their Attorney Ade Ladega) Appellants
And
MAJOR AND COMPANY (NIG.) LTD Respondents
…………………….A…………………….
Judgement of the Court
Delivered by
Wali, J.S.C.
On the 28th day of November, 1988 after hearing learned counsel for the appellant in elaboration of the Brief of Arguments in support of the appeal, and without calling upon learned Counsel for the Respondent, the appeal was summarily dismissed and reasons for doing so were reserved to today. I now proceed to give my reasons.
By a specially Endorsed Writ taken out in the Lagos High Court under the provision of Order 3 Rules 4 & 5 of the High Court of Lagos State (Civil Procedure) Rules, the appellant as plaintiff claimed from the Respondent as Defendant as follows:-
STATEMENT OF CLAIM
1. The plaintiff drew a Bill of Exchange at Hamburg, Western Germany, dated 8th November, 1975, for DM24, 703.40 with interest at the rate of 1% per month payable to the plaintiff on 6th February, 1976, which said Bill the Defendant duly accepted.
2. On or about the 6th February, 1976, the plaintif[s agents in Lagos, the Union Bank of Nigeria Limited, Yaba Branch, Lagos, presented the said Bill for payment but it was dishonoured by the Defendant.
Particulars
(i) Principal sum of the Bill of Exchange DM 24,703.40
(ii) Interest at 1% per month from 6/2/76
to 31/1/82(2,187) days 18,007.75
Total amount due as at XXX
31/1/82 DM 42,711.15
And the plaintiff claims against the Defendant as acceptor:-
1. The said sum of DM 42,711.15
2. Interest at 1 % per month on the said sum of DM24,703.40 from the 1st day February, 1982. until the judgment debt is fully settled.
The writ was purported to have been duly served on the Defendant on 23/2/ 1982 at 2p.m. at his Address of Business, No.44 Burma Road, Apapa, by one Victor Akehika, a bailiff of the Lagos High Court as evidenced by the affidavit sworn to by him on 4th June. 1984.
