C.S.A. Woodworks Ltd V. G. Igbinedion (1972)

LawGlobal-Hub Lead Judgment Report

O. ELIAS, C.J.N. 

The plaintiffs’ writ of summons in Suit No. 1/171/64 in the High Court, Ibadan, was endorsed as follows:

“The plaintiffs’ claim against the defendant is for the sum of Nine Hundred and Ninety-Four Pounds Eight Shillings and Four Pence (994 pounds:8:4d) being money owing by the defendant to the plaintiffs in respect of work done in, and materials supplied for the defendant’s house at Feleye Layout, Molete, Ibadan, by the plaintiffs at the request of the defendant.

The defendant requested for the work and took delivery of the materials from the plaintiffs between August, 1963 and February, 1964 but has failed to pay to the plaintiffs the balance of 994 pounds:8:4d due from him to the plaintiffs despite the plaintiffs’ repeated demands.”

The relevant paragraphs of their Statement of Claim read:

“4. In July 1963, the defendant orally requested the plaintiffs, through the plaintiffs’ Woodwork Manager, to supply materials and undertake the erection of the roof, doors, frames, ceilings, windows and other wood-works necessary for the completion of his (defendant’s) new two-story houses at Feleye Layout, Molete, Ibadan.

5. The plaintiffs supplied the materials and undertook the erection of the various woodworks requested by the defendant on the defendant’s house at Molete at a total cost of about 1,314pounds:8:4d.
6. The defendant acknowledged the delivery of the materials supplied to his house and the work done thereto by the plaintiffs.
7. The defendant paid to the plaintiffs on various dates, various sums of money totalling 320 pounds in respect of the materials supplied, and work done by the plaintiffs for the defendant on the defendant’s new two storey house at Feleye Layout, Molete, Ibadan.
8. The defendant knows that the plaintiffs did expend (on material and labour) a total of about 1 pounds, 314:8:4d. on his (defendant’s) house and at his (defendant’s) own request; and that he is still owing the plaintiffs a sum of 994 pounds:8:4d.
9. The position of the defendant’s account with the plaintiffs up to and including 31st August, 1964, is as shown in the Statement of the Defendant’s account prepared by the Officer in Charge of Accounts of the plaintiffs’ Association, and attached to this Statement of Claim and thereon marked Ex. ‘A’.”

Issues were joined by the defendant with the plaintiffs in the following paragraphs of his Statement of Defence:

“4. The defendant denies para. 4 of the plaintiffs’ Statement of Claim and states in reply that he never contracted with the plaintiffs, but on the contrary it was one Mr.Oladoyinbo, who personally agreed to do a piece of work for the defendant concerning the defendant’s building, which was then in progress and the defendant states further that it was a private arrangement between Mr. Oladoyinbo and the defendant in order to have a cheaper work, and puts the plaintiffs to the strictest proof thereof of this paragraph.

5. The defendant states that no request was ever made in writing or orally to the plaintiffs.
6. The defendant denies para.5 of the plaintiffs’ Statement of Claim and states that there was an understanding only between one Mr. Oladoyinbo in his private capacity and not in his official capacity to supply materials to the defendant.
7. The defendant admits acknowledging the receipt of one bill of goods purchased by the said Oladoyinbo on his behalf from the plaintiffs, but the defendant states that he never did the negotation himself and state further that he never acknowledged the delivery of other materials supplied and is not aware from where Mr. Oladoyinbo purchased such materials and further puts the plaintiffs to the strictest proof thereof.”

The facts admitted before the High Court were that, in July 1963, the defendant, at an interview with the plaintiffs’ Woodworks Manager, one Oladoyinbo, requested the plaintiffs to carry out the roofing of his house at Feleye Layout, Ibadan, and to construct frames, ceilings and windows thereat. Shortly thereafter, the defendant wrote Exhibit ‘A’ which read as follows:

“The Manager,

Co-operative Furniture’s Dept.,

Ijebu Road,

Ibadan.

Sir,