Ashaka Cement PLC V. Asharatul Mubashshurun Investment Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

The Respondent commenced the action in the Lower Court and its claims were for:

i. A declaration that the Respondent had successfully supplied the Appellant with 6,384,469 liters of Low Pour Fuel Oil (LPFO) into its (Appellant’s) Kano Storage facility or tanks at N75 per liter.

ii. A declaration that the Appellant has paid the Respondent the sum of N352,058,160.06 out of N478,835,175.00 leaving a balance of N126,777,014.37 unpaid to the Respondent.

iii. A declaration drat the Respondent is entitled to payment of the outstanding N126,777,014.37 from the Appellant being the outstanding balance of the LPFO supplied to the Appellant.

iv. An Order directing the Appellant to pay to the Respondent the sum of N126,777,014.37 being outstanding payment balance on 6,384,469 liters of Low Pour Fuel Oil (LPFO) the Respondent supplied to the Appellant into its Kano storage facility or tanks.

v. 10% interest per annum on the judgment sum from the date of judgment is delivered until the entire judgment sum is paid or liquidated.

vi. Cost of filing of this

suit.

The claims were predicated on an assertion of facts in an amended statement of claim.?

In response, the Appellant filed an amended statement of defence and counterclaim and its claims by the counterclaim were for:

i. The sum of N39,270,000 being the value of the shortages of the Low Pour Fuel Oil (LPFO) supplied to it by the Respondent.

ii. Interest on the said amount at 10% interest per annum from the date of judgment until final liquidation of same as well as legal costs and expenses.

The Respondent filed an amended reply to the amended statement of defence and a defence to the counterclaim.