Dr. J.B.O. Adewumi V. Adebest Telecommunications Nigeria Limited (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

By a Writ of Summons dated the 17th day of November, 2003 and filed on the 6th day of October, 2003, the Plaintiff (now Respondent) claimed from the Defendant (now Appellant) the following:-

“i. N800,000.00 being the cost of SR 20 Rural Telephone Facilities supplied and installed by the Plaintiff at Thomas

“ii- 10% interest per annum on the aforesaid sum of N800.00 from date of judgment till final liquidation of same”

The claim was predicated on the fact according to the plaintiff/Respondent, that:

“Sometime in July, 2000, the Defendant/Appellant contracted the Plaintiff for the supply and installation of SR 20 Rural Telephone facilities at Defendant’s School – i.e. Thomas Adewumi College, Oko in Irepodun Local Government Area, Kwara State, at the cost of N800,000.00. The Plaintiff successfully and satisfactorily did the supply and installation where upon the defendant issued a Union Bank Oro Cheque for half the correct sum but which cheque was dishonoured upon several presentations at the Bank. Inspite of this and several Demands, the Defendant has failed and neglected to pay the Plaintiff’s money. ” See page 9 of the Record of Proceedings.

In support of the Writ of Summons, the Plaintiff/Respondent’s Managing Director (Julius Awoyemi Adebayo), deposed to an affidavit of seventeen paragraphs wherein he averred in paragraphs 3 – 15 inter alia:-

“3. That the Plaintiff is a limited liability company dealing, inter alia in supply and installation of telephone equipments and her head office is at No. 1 Otunola Adebayo Street, Owoniboy’s Building, Ilorin,

“4. That the Defendant herein is the Proprietor of Thomas Adewumi College, Oko.

“5. That sometime in July 2000, the Defendant contracted the Plaintiff for the supply and installation of SR 20 Rural Telephone facilities at Thomas Adewumi College, Oko in Irepodun L.G.A. Kwara State. A copy of the Plaintiff’s letter of proposal/quotation dated 7/7/2000 is herewith attached as Exhibit A.

“6. That subsequent to Exhibit A, the Defendant agreed unconditionally with the Plaintiff for the supply and installation of the telephone facilities at the sum of Eight Hundred Thousand Naira (N800,000. 00).

“7. That the Plaintiff successfully and satisfactorily did the supply and installation of the telephone services in July, 2000. A copy of the Plaintiff’s letter of completion dated 15/7/2000 is herewith attached as Exhibit B.

“8. That to the Defendant’s knowledge and approval, the installation had to be connected with Nigerian Telecommunications Ltd (NITEL) facilities (i.e. Offa NITEL Exchange) whereupon the Defendant was to be paying the necessary charges to NITEL.

“9. That the Defendant used the said telephone facilities supplied and installed by the Plaintiff as, for instance, same is reflected in the payment made by the Defendant to NITEL for the month of August, 2000. A photocopy of the NITEL Bill used for payment by the Applicant is herewith attached and marked Exhibit C.