CaseLaw
Pan Atlantic Shipping V. Rhein Mass GMBH (1997) CLR 4 (g) (SC)
Brief
Facts
The respondent was a shipping company which was registered in West Germany. It sued the appellant in the High Court, Lagos, for Deutsche Marks (DM) 2,799,754,83 allegedly due on account of monies had and received by the appellant to the respondents use. On the 8th February, 1988 the appellant brought an application asking that the suit be dismissed on the ground that the respondent wanted payment of a debt in a foreign currency without compliance with exchange control regulations. The application was refused. There was a statement of defence filed by the appellant in anticipation of an unfavorable ruling by the learned trial Judge.
Consequently, the respondent subsequently brought a motion praying the court to strike out the appellants statement of defence on the ground that it did not disclose a reasonable answer to the respondents claim and that judgment should be summarily entered for the respondent. The appellant filed an application for leave to appeal against the ruling on the application to dismiss the suit. The application by the respondent to strike out the statement of defence for not disclosing a reasonable answer and enter summary judgment for the respondent was hear on the same day with the appellants application for leave to appeal. The application for leave to appeal was refused and the application of the respondent for summary judgment was granted.
Dissatisfied with the judgment of the learned trial Judge, the appellant lodged an appeal against it to the court of Appeal. In dismissing the appellants appeal, the court below held that the only defence raised in the appellants statement of defence was on the question of illegality which had earlier been determined as a preliminary objection by the learned trial Judge. The court also held that the word disintegrated used by the appellant in its statement of defence did not put the existence of the respondent in issue. The appellant was dissatisfied with the judgment of the court below and has lodged a further appeal to the Supreme Court.
Issues
Whether the statement of defence filed by the appellant disclosed a...