Gurara Securities and Finance Ltd. V. T.I.C. Ltd. (1998)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.CA.

The plaintiff is a company incorporated in Nigeria among its businesses is sale and supply of steel billets. In the course of supply of the steel billets, it was awarded a contract to supply steel billets to Katsina Steel Rolling Company Limited in Katsina, Katsina State or Nigeria. The contract dated 15th April 1992 was written with reference of contract No. KSRC/SEC/TIC/92/2. The contract price was N39.990.000.00 (thirty-nine million nine hundred and ninety thousand naira). The written contract was tendered and admitted in evidence as Exhibit P1.

Owing to the volume of the supply, Plaintiff was to source the supply through other suppliers which amongst others was Cargill Ventures Limited. This company demanded a bank guarantee for the contract sum of N39.990,000.00 from a reputable bank as a condition precedent before it would supply the billets. To meet the condition precedent plaintiff approached the defendant a company incorporated in Nigeria as a limited liability finance security company which carries on the business in financing contract by way of providing guarantees, and to secure the relevant guarantee.

The defendant agreed to procure guarantee provided plaintiff paid in advance a sum of N1million naira for services to be rendered by the defendant. The financial arrangement between the parties was reduced into writing and was marked as Exhibit P3 which was also the same document marked Exhibit D2.

In compliance with Exhibit P3 defendant issued a letter of guarantee to Cargill Ventures Ltd. the supplier of 5000 metric tons of billets, the subject matter of the contract Exhibit P1. Defendant in addition to its letter of guarantee though not required by its contract to convince Cargill Ventures Ltd. of its financial stability procured a credit reference from its bank which was admitted and marked Exhibit D13. It also provided a bond which is also treated in business world as a guarantee. The personal guarantee of the defendant was rejected by Cargill Ventures Ltd. as a result of which the plaintiff after lodging the sum of N1 million for the financial arrangement to procure the sum of N39.990.000.00 the contract price lost the contract to supply billets worth N40 million naira. Cargill Ventures Ltd. rejected the letter of guarantee issued by the defendant instead of a bank guarantee from a reputable bank.

Consequently as a result of the loss of the contract to supply billets to Katsina Steel Rolling Co. Ltd. plaintiff issued a writ against the defendant. After service Of the writ on the defendant pleadings were filed exchanged and delivered between the parties.

The case proceeded to trial on the statement of claim, amended statement of defence wherein defendant counter-claimed in accordance with the High Court (Civil Procedure) Rules. The plaintiff filed a reply to the statement of defence and a defence to the counter-claim.

As it is trite law that a statement of claim supercedes the particulars of claim in the writ of summons, the plaintiff’s claims are as averred in paragraph 23 of the statement of claim as under

“23. whereupon the plaintiff claims general and special damages as follows:-

Special damages

Interest on N1m (one million naira) at the rate or 13.5% per month N135.000.00

Interest from June – December – N10.000.00

Interest on N328,000.00 at the rate of 13.5% per month – N44,000.00

Interest from January to March – N132,040.00