Messers Lewis & Peat (N.R.I.) Ltd V. A. E. Akhimien (1976)

LawGlobal-Hub Lead Judgment Report

OBASEKI, AG. JSC. 

This appeal was allowed on the 17th May, 1976, for reasons which we now give. In the High Court of Bendel State holden at Ubiaja the appellants claimed from the respondent the sum of N1,637.31 as money due from, and owing by, the respondent. Pleadings were exchanged and delivered and relevant portions thereof read:-   “Statement of Claim

(1) The Plaintiffs are a trading company registered in Nigeria with their Headquarters in Ogbarefe in the Midwestern State.

(2) The Plaintiffs buy rubber lumps and process them for export.

(4) The defendant, has been a customer of the Plaintiffs from April 1966.

(5) The Plaintiffs at the request of their customers of whom the defendant was one, make cash advances to them for the supply of rubber lumps to the plaintiffs.

(6) The Plaintiffs at the request of the defendant made cash advances by cheques drawn on Barclays Bank Benin City for the supply of rubber lumps to the plaintiffs by defendant.

(7) The advances made to the defendant were defrayed from commissions payable to the defendant by the plaintiffs and which said commissions were calculated on the rubber lumps supplied to the plaintiffs by the defendant. Such commissions are credited to the account of the defendant with the plaintiff company in the ledger to the knowledge of the defendant.

(14) The Plaintiffs say that of the total advance made to the defendant he has repaid N1,070.68 by way of commissions payable to him for the supply he made to the Plaintiffs company, and which said commissions have been credited to his account as is shown in Annexure ‘A’ hereto.

(16) The plaintiffs say that after deducting ………….the defendant as commission for his supply of rubber lumps to the plaintiffs, the defendant still owes to them the sum of N1,637.31 which he has failed and or refused to pay ……………despite repeated demands”

“Statement of Defence

(1) Save and except as hereinafter specifically admitted the defendant denies each and every allegation of fact contained in the ………………..statement of claim as if every such allegation of fact were set out seriatim and specifically traversed.

(2) The defendant admits paragraphs 3 & 4 of the Plaintiffs’ statement of claim.

(3) The defendant is not in a position to admit or deny paragraphs 1 & 2 of the statement of claim and would put the Plaintiffs to the strictest proof thereof.