Guinness Nigeria Plc V. Emmanuel Nwoke (2000)

LawGlobal-Hub Lead Judgment Report

IBIYEYE, J.C.A.

The appeal and cross-appeal in this matter arose from the decision of Omage, J., (as he then was) erroneously reflected in the record of appeal to have been delivered on 26th February, 1996 instead of 26th February, 1998 at the High Court, Benin City.

The plaintiff now the respondent/cross-appellant filed a Writ of Summons dated 5th of July, 1996 against the defendant now appellant/cross-respondent seeking a number of reliefs. These reliefs which are reflected in paragraph 23 of the amended statement of claim dated 29th of February, 1997 reads:

“23. WHEREOF, the plaintiff claims from the defendant as follows:

(a) A declaration that the detention by the defendant of 2168 cartons of Malta Guinness and 159 crates of Satzenbrau paid for by the plaintiff is illegal and an act of recklessness.

(b) A declaration that the detention of the plaintiff’s vehicles referred to in paragraph 4 above by the defendant without releasing same to the plaintiff or paying for the use of vehicle is illegal and an act of recklessness.

(c) A declaration that the defendant has breached the contract entered into in Benin City with the plaintiff for the supply of beer and Malta Guinness, the defendant’s products.

(d) An order for the immediate supply of 2169 Cartons of Malta Guinness and 159 crates of Satzenbrau beer for which the plaintiff paid to the defendant the sum of N852,470.70 on 16/4/96.

(e) N10m (Ten Million Naira) for breach of contract for the supply of drinks, the defendant’s products.

(f) Loss of earnings for the five vehicles referred to in paragraph 4 above at the rate of N681,326.36 monthly from 1/5/96 to 31/1/97 that is, the sum of N6,472,600.3. (sic).

(g) Loss of earnings for the period 15/4/96 to 30/4/96, that is N340,663.08.

(h) N681,326.36 representing monthly loss of earnings for the five vehicles from 1/2/97 until the defendant releases the vehicles to the plaintiff.

(i) An order for the release of the vehicles referred in paragraph 4 above to the plaintiff.

(j) N390,000.00 being outstanding of the vehicles referred in paragraph 4 above to the plaintiff.