Afrotec Technical Services (Nig) Ltd. V. Mia & Sons Limited & Anor (2000)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C.

In the Kaduna High Court, the plaintiff’s claims against the defendant read as follows:-

“(1) Perpetual injunction restraining the defendant, its servant, of agents of other officers acting on its behalf from disposing of by sale or otherwise the equipments.

(2) Damages.

(3) Specific Performance of Agreement of installation of equipments i.e.

(a) Parker 5245/4 Crushing plant combination.

(b) Foden Model Dump Truck

(c) BD 440 Generating Set.

(d) Spare parts for crushing plant.

at the Kaduna Quarry site of the plaintiff by the defendant or the alternative refund of all monies paid by the plaintiff to the Defendant on the said equipments.”

Pleadings were filed and exchanged between the parties and the case proceeded to trial. At the trial, the plaintiff called two witnesses while the defendant called only one witness. After hearing evidence from both sides and the addresses of their counsel, the trial court adjourned for judgment. In a considered judgment delivered on 21/7/89, the learned trial Judge Ibiyeye J. after reviewing all the evidence before him, came to the conclusion that the transaction between the parties was a conditional sale and that the plaintiff had acted in violation of the conditions of sale i.e instalmental payments. The learned trial Judge, therefore dismissed plaintiff’s claims in their entirety as lacking in merit.

On the 24th July, 1989, the defendant sold the plant or machinery to AFCON ENGINEERING LTD, the 3rd Party herein.

Dissatisfied with the decision of the learned trial Judge, the plaintiff appealed to the Court of Appeal, holden at Kaduna.

In a reserved judgment delivered on 10/4/91, the Court of Appeal unanimously allowed the appeal, set aside the judgment of the Kaduna High Court and then proceeded to make the following orders in favour of the plaintiff.