Ashco Nig. Ltd & Anr V. Ward And Green & Anor (2009)

LawGlobal-Hub Lead Judgment Report

THERESA NGOLIKA ORJI-ABADUA, J.C.A.

In the proceeding commenced by the Respondents under the Undefended List procedure before the Kano State High Court against the Appellants, in suit no: they claimed thus:-

“(i) The sum of ?7,690.10 (Seven Thousand, Six Hundred and Ninety Pounds Sterling, Ten Shillings only) being:

(a) ?6,000.00 (Six Thousand Pounds Sterling only) cost of the batteries delivered to the Defendants.

(b) ?1,690.10 (One Thousand, Six Hundred And Ninety Thousand Pounds Sterling, Ten Shillings only) freight charges for the batteries from London to Kano or the prevailing Naira equivalent.

(ii) 21% Bank Interest thereon from the 1st day of June, 2000 till judgment and thereafter 10% bank interest until liquidation.

(iii) Cost of the action.”

The claims were supported by an affidavit of seven paragraphs which had attached to it Exhibits 1 – 7. Upon service of the writ of summons marked Undefended on the Appellants, they, in turn, on 13/12/02 filed a Notice of intention to defend together with an affidavit of four paragraphs disclosing their defence thereto and the reasons why the suit ought to be transferred to the general cause list for hearing. I would for purposes of clarity and avoidance of doubt reproduce hereunder the relevant paragraphs of the Respondents’ affidavit in support of the claim commenced under the undefended list procedure particularly, paragraph 2 sub paragraphs (i)-(x), they read:

“2. At about the hours of 12.01pm on the 14th day of May, 2002, I was informed in my office at No.10, Beirut Road, Kano by Mr. Len J. Goldman the 2nd plaintiff and I verily belief him as follows:

i. That Mr. L.J.Goldman, the 2nd plaintiff in this suit, is the Managing Director of the 1st Plaintiff company, a duly incorporated company.

ii. The 2nd defendant is the Managing Director/alter ego of the 1st defendant, a limited liability company both residing/situate in Kano within the jurisdiction of this Honourable Court.

iii. The plaintiffs made a purchase order for some quantities and types of Batteries from Messers TOSHIBA INTERNATIONAL (EUROPE) LTD to Wit:-

Code Description Quantity

6F22UG*SP-1 Manganese Battery (clock & radio) 2,400