United Bank for Africa Plc & Anor V. Alhaji Babangida Jargaba (2001)

LawGlobal-Hub Lead Judgment Report

OMAGE, J.C.A. 

I

n the high Court number 10, in the Kaduna State High Court Coram Gregory S. Lawan J., a judgment was delivered on 3rd July, 2000. The judgment was delivered in a suit filed under the undefended list procedure, the leave to issue which his lordship had granted earlier.

The judgment inter alia is as follows:

“It is true that a defence that I am not liable is a defence, but from the facts of this case and the affidavit evidence and documents, there is no defence on merit. I accordingly enter judgment against the 2nd defendant in favour of the plaintiff.”

The endorsement on the writ of the plaintiff is;

“For a claim against the defendants jointly and or severally in the sum of N1 ,960,000.00 being outstanding arising from the failure of the defendants to fully supply to the plaintiff the required numbers of trucks load of fertilizers 2-10 percent interest on the judgment sum and  cost of this action.”

The facts of the case as contained in the applicants affidavit in support of the motion for hearing of the claim under the provisions of the undefended suit, Order 23 Civil Procedure Rules Kaduna State is in part as follows:

(7) That sometime in 1999, the plaintiff desire to purchase fertilizer in commercial quantities… he was introduced to the 2nd defendant in Kaduna.

(9) The second defendant informed the plaintiff that a truck load of fertilizer was sold at N600,000.00 that is to say N 1,000.00 per bag, since a truck of fertilizer contains 600 bags.

(11) That with the assurance from the second defendant to the plaintiff that the 1st defendant was having in large quantities to dispose of, the plaintiff purchased bank draft made payable to the 1st defendant.

(12) That in all, the plaintiff made payment in bank draft to the tune of N 12,690,000.00 for the truck loads of fertilizer to the 1st defendant on the instructions and directives of the 2nd defendant.

(15) That when the plaintiff went to the 2nd defendant in order to evacuate his truck load of fertilizer, the 2nd defendant directed the plaintiff to the warehouses and or to the premises of a company called Barmani Holdings Company Nig. Ltd. in Kaduna.

(16) That when the plaintiff got to Barmani Holding Company Ltd. in his bid to evacuate his fertilizer he was told there was a price increase of N50,000 per bag.