together with independent surveyors boarded the vessel and confirmed the
volume of AGO supplied. Shell subsequently acknowledged receipt of the
AGO and the quantity thereof.
15. He continued his testimony by stating that Mr. Ifeanyi Paddy Eke, the
representative
of
Blackberry
Nigeria
Lid
later
came
to
Lagos
for
reconciliation of account. The amount due to Petrostar Nigeria Ltd was Four
Hundred and Eighty-Five Million Naira
supplied. Shell paid Blackberry but
Eventually, only 230 Million Naira was
leaving a balance of 255 Million Naira.
for
they
paid
Mr.
the five million litres AGO
refused to pay Petrostar.
by Blackberry to Petrostar,
Paddy Eke issued a lot of
cheques but they were all dishonoured; he then pleaded for an extension of
time for him to settle the debt. Mr. Paddy Eke, acting on behalf of
Blackberry entered into an agreement with Petrostar to pay the outstanding
amount within 90 days from the date of the agreement.
16. PW1 went further to say that on the strength of the agreement made
between Petrostar and Blackberry acting through Mr. Paddy Eke, a post
dated cheque for the outstanding amount was issued to Petrostar. On the
maturity date of the cheque, it was presented for payment but it was
dishonoured due to lack of funds in the account. A letter was written to Mr.
Paddy Eke to inform him of the dishonoured cheque.
17. PW1 also intimated to the Court that
that was entered into between Petrostar
made under duress but freely written
identified copies of the agreement and
outstanding sum of Two Hundred and
he was a signatory to the agreement
and Blackberry and that it was not
by Mr. Paddy Eke himself. He
the cheque that was issued for the
Fifty-Five Million Naira and they
were tendered in evidence by learned counsel to the plaintiff, Exhibits Al
and A2 respectively.
18. Plaintiffs second witness (PW2), Mr. Ndubisi Ekem Mbaanugo is a
Chartered Accountant with thirty-four years experience. He stated that he
prepared a report on the interest accruing on the amount of indebtedness of
255 Million Naira from August 2007 to December 2010 at the request of his
client, the plaintiff herein. He continued that he received the request by letter
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