Bornu Holding Company Ltd v. Alhaji Hassan Bogoco (1971)

LawGlobal-Hub Lead Judgment Report

LEWIS, J.S.C

In suit NEM/ II /1969 in the High Court of the North-Eastern State the plaintiff’s writ read:

“The plaintiff who resides at Potiskum claims from the defendant the sum of 45,571Pounds.3s being amount owing by defendant to the plaintiff for the value of 1,255 tons of groundnuts sold and delivered by the plaintiff to the defendant during the 1965/1966 groundnut season, as well as the value of 16,315 jute bags, and agency commission due to the plaintiff from the defendant for the sale of the said 1,255 tons of groundnuts, as well as transport charges on the delivery of the said 1,255 tons of groundnuts to the defendant at Potiskum from the 15th November, 1965 to the 19th January, 1966. The defendant has refused and failed to pay the said 45,571Pounds.3s to the plaintiff despite repeated demands.”,

and his statement of claim concluded as follows:

“and the plaintiff claims 45,571Pounds.3s as follows:

(a) Under paragraphs 3 and 4 for cost of 1,255 tons of groundnuts sold and delivered by the plaintiff to the

defendant 8, 543Pounds.39

(b) Under paragraph 5 cost of 16,315 bags 4s each sold and delivered by the plaintiff to the defendant 33,263 Pounds

(c) Under paragraphs 6 and 8 for commission at 2 per ton on 1,255 tons of groundnuts delivered by the plaintiff

to the defendant. . . . . . 2,510

(d) Under paragraphs 7 and 8 for transport charges on 1,255 tons of groundnuts at 1 per ton delivered by the plaintiff to the defendant 1,255

Total amount claimed. 45,571Pounds.39

The defendants denied the plaintiff’s claim and in paragraph 3(b) of the statement of defence pleaded:

“(b) Alternatively, the defendants avers that the Tally Vouchers aforesaid were given the plaintiff in respect of groundnuts bought by particular in the defendants from several small farmers upon the plaintiff’s instructions for which he was to receive an agreed commission.”