MR. Brown Bassey V. Vitamalt PLC (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Ogun State High Court, Agbara Judicial Division, delivered by A. A. Akinyemi, J on the 27th July, 2009 in Suit No. HCT/334/2005.

By a specially endorsed Writ of Summons and Statement of Claim dated and filed on the 12/10/2005, the Appellant who was the Plaintiff sought the following reliefs:

(i) N780,577.50 (Seven Hundred and Eighty Thousand, Five Hundred and Seventy-Seven Naira, Fifty Kobo) per month from November 2001 till the date of judgment being monthly loss of earnings.

(ii) Interest at 18% on N780,577.50 (Seven Hundred and Eighty Thousand, Five Hundred and Seventy-Seven Naira Fifty Kobo) monthly from November, 2011 till the date of judgment.

(iii) The immediate release of 750 (Seven hundred and Fifty) cartons of Vitamalt with the liquid contents, cartons and bottles inclusive.

OR

The payment of the money equivalent of 750 cartons of Vitamalt with the liquid contents (cartons and bottles inclusive) at the market value of the products on the date of judgment.

?The Respondent as Defendant filed a

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Statement of Defence which was subsequently amended and filed on the 16/1/07 pursuant to the order of the trial Court made on the 10/1/2007.

The Plaintiff/Appellant?s case before the trial Court is that, he used to be a staff of the Respondent before he was appointed a distributor for the Eastern part of Nigeria based in Onitsha in 1999. That by the business, he used to pay cash and also supply empty bottles to the company who would then load his vehicle with the required supplies. That he used to provide his own vehicle for transporting the empty bottles from Onitsha to Agbara and transporting the supplies from Agbara to Onitsha. The Appellant also stated that he used to provide 750 cartons to the Respondent for each trip on a regular basis, averaging 2,615 cartons per month. That in the year 2000, he lost his vehicle and all the 750 cartons in an accident at Ijebu-Ode involving students of Tai Solarin College of Education who burnt same. That due to the incident, he was unable to do business for eight (8) months. That he was however able to borrow money from friends and colleagues in July, 2000 which enabled him to buy 750 new empty cartons of

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Vitamalt bottles which then enabled him to recommence business with the Respondent.