Delta State Agricultural Development Programme Ibusa & Ors V. Mr. Mike Iloukwu Ofonye (2007)

LawGlobal-Hub Lead Judgment Report

STANLEY SHENKO ALAGOA, J.C.A.

This is an appeal against the judgment of Odita J (as he then was) of the High Court of Justice Asaba in Delta State of Nigeria which was delivered on the 30th November 1998. The present Respondent as Plaintiff at the High Court below took out a writ of summons against the Respondents as Defendants jointly and severally claiming the sum of Two million Naira (N2,000,000.00) being special and General damages for breach of contract entered into by the Respondent and the 1st Appellant. The facts that have given rise to this claim as can be gleaned from the Respondent’s (then Plaintiffs) further amended statement of claim granted by Odita J. on the 16th December 1997 are that in 1992, the Respondent was employed by the 1st Appellant as an outgrower to plant the seeds for the use of the farms that year. He had a bumper harvest as the 1st Appellant supplied all the input. Owing to the huge success recorded by the Respondent that year (1992), the 1st Appellant again employed him the next year 1993 wherein they entered into an agreement – exhibit “1”. The Respondent went further to say that he fulfilled his own part of the contract – exhibit “1” but that the 1st Appellant refused to fulfill its own side of the contract by supplying the quantum of inputs i.e. chemicals and fertilizers despite repeated demands by the Respondent as a result of which the Respondent suffered loss and damage as he had a poor harvest, which was a direct consequence of the failure of the 1st Appellant to supply the said chemicals and fertilizers. The Appellants on the other hand in their Joint Statement of Defence of 1st, 2nd and 3rd Defendants dated 13th May 1997 (pages 45-49) of the Records joined issues with the Respondent especially in paragraphs 5 and 15 which are reproduced hereunder –

PARAGRAPH 5 – “In admitting paragraph 14 of the plaintiffs claim, 1st Defendant supplied 20 bags of fertilizer and 15 litres of chemicals but states that the supply of the above was not predicated on the contract since the 1st Defendant was not bound to supply any of the above as per the Agreement of 7th October 1993”

PARAGRAPH 15 – “The Defendants aver that the 1st Defendant is not bound to supply any quantity of inputs to the outgrower as per the contract agreement especially PART III thereof.”

At the trial in the court below, the Respondent as plaintiff testified and called three witnesses. The Respondent in proof of his case also tendered Exhibits 1, 2, 3(a)-(d) and exhibits 4-6. The Appellants as Defendants did not adduce any evidence.

At the conclusion of the trial the learned trial Judge in a considered judgment delivered on the 30th day of November 1998 found in favour of the Respondent as follows – “Now from the totality of evidence of the plaintiff and witnesses and also the Exhibits tendered, I find as facts as follows:-

1. That the plaintiff and the 1st defendant entered into an agreement Exhibit 1 in the proceedings.
2. That the 1st Defendant by Exhibit 1 was to supply the plaintiff with inputs that is fertilizer and chemicals to an agreed quantity.
3. That the 1st Defendant failed to supply the plaintiff the agreed inputs in accordance with Exhibit 1.
4. That the plaintiff performed his own part of Exhibit 1 but the defendant did not.
5. I therefore hold that the 1st defendant clearly breach Exhibit 1.

(see pages 92-93 of the Records).

The learned trial Judge then awarded Two million Naira (N2,000,000.00) special damages against the Appellants (then Defendants) jointly and severally for breach of contract entered into between the Appellants and Respondent. (See page 100 of the Records).

Dissatisfied with the judgment the Appellant appealed to the Court of Appeal. The Notice of Appeal is dated the 8th August 2001 and consists of three Grounds of Appeal and attendant particulars. Contained on pages 117-120 of the Records the said Notice of Appeal is reproduced hereunder as follows-

IN THE COURT OF APPEAL

HOLDEN AT BENIN CITY

BETWEEN: SUIT NO.A/78/96

1. DELTA STATE AGRICULTURAL DEVELOPMENT)

PROGRAMME IBUSA.)

2. MINISTRY OF AGRICULTURE)

DELTA STATE) DEFENDANTS/APPELLANTS