Alhaji Musa Bello & Anor V. Farmers Supply Company (Kds) Limited (1994)

LawGlobal-Hub Lead Judgment Report

UMARU ABDULLAHI, J.C.A. 

This appeal is against the judgment of Kaduna State High Court delivered on 20th day of February, 1992.

The respondent in this appeal sued the appellants and two other parties, foreign based companies called Folkrose Limited and Ratten Limited before the Kaduna High Court claiming a total sum of 422,190.08 U.S. Dollars (Four hundred and twenty-two thousand, one hundred and ninety dollars, eight cents) or the equivalent of N6,586,165.20, being money had and received and/or paid by the respondent to the appellants and the two other companies for the supply of certain agro-chemicals and Cuban sugar bags, which were not supplied.

The suit was brought on the undefended list suing the present appellants and the two foreign based companies mentioned above as 1st, 4th, 2nd and 3rd defendants respectively.

I think for the purpose of clarity and also in view of the way the appeal was approached by both learned counsel for the parties, it will be better to set out the writ of summons in full. It reads as follows:-

Application for the issuance of a writ of summons marked in the undefended list pursuant to Order 22 rules 1-5 of the High Court (Civil Procedure) Rules, 1987.

Kindly cause a writ of summons marked in the “Undefended List” pursuant to Order 22 rule 1 – 5 to issue against the defendants at the instance of the plaintiff in the following terms:

1. Against the 1st and 2nd defendants (jointly and severally) the sum of $143,800 (One Hundred and Forty Three Thousand Eight Hundred Dollars) or its Nigerian Naira equivalent of N2,243,280.00 (Two Million, Two Hundred and Forty three Thousand, Two Hundred and Eight naira) being money had and received and or paid by the plaintiff to the said defendants for the supply of certain agro-chemical to wit:

Quick concentrate, 24 D Sel Amine and Renster (PL) 2 SEC upon the plaintiff’s purchase Order No.311, 312, and 313 variously dated 29th June, 1990 and 3rd July, 1990 – all with 180 days as the delivery cum validity period and which orders the defendants have failed, neglected or refused to honour despite repeated and persistent demands by the plaintiff.

2. Against the 1st and 3rd defendants (jointly and severally), the sum of $87,874.08 (Eight Seven Thousand, Eight hundred and Seventy Four Dollars and Eight Cents) or its Nigerian Naira equivalent of N1,370,835.60 (One Million, Three Hundred and Seventy Thousand, Eight Hundred and Thirty Five Naira, Sixty Kobo) being money had and received and or payments made by the plaintiff to the said defendants for the supply of 61,024 No. Cuban Sugar Bags upon the plaintiff’s purchase Orders Nos.314 and 315 both dated 4th July, 1990 with 180 days as the validity cum delivery period and which orders the defendants have failed, neglected or refused to honour their contractual obligations.
3. Against the 1st and 4th defendants (jointly and severally) the sum of $190,516.00 (One hundred and ninety thousand five hundred and sixteen dollars) or its Nigerian Naira equivalent of N2,972,049.60 (Two Million, Nine Hundred and Seventy Two Thousand and Forty Nine Naira, Sixty Kobo) being money had and received and or payment made by the plaintiff to the said defendants for the supply of certain agro-chemicals to wit: Ingram Combi 500 EC, Gradonprim A500 FW, Apron plus 50 DS Polytrine 440 EC upon the plaintiff’s purchase Orders Nos. 315, 317, 318 and 319 all dated 20th July, 1990 with 180 days as the validity and or period within which delivery is to be made and which orders the defendants have failed, neglected or refused to honour, despite repeated and persistent demands by the plaintiff.

Total value of payments $422,190.08

Total value of payments (Nigerian Naira Equivalent) N6,586,165.20

Consideration has totally failed due to non-delivery of either the relevant documents or goods by the defendants to the plaintiff.

Defendants have failed, refused and or neglected to discharge their obligation by the tendering of genuine, authentic and valid shipping documents covering the ordered goods and or the goods to the plaintiff in spite of several demands.

The plaintiff further claims on each of the stated sums or total sums interest at the rate of 21% from 21st January, 1991 until judgment is delivered and thereafter at the rate of 10% until eventual liquidation.

Dated at Kaduna this 8th day of January, 1992.”