Eastchase Aluminium Products Limited V. MR. Charles Ugwu & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment)

This is an appear against the judgment of Hon. Jusctice K. N. Udeh, J. of the Enugu state High Court, sitting at Enugu (hereinafter referred to as the Lower Court). The said judgment was delivered on the 23rd day of November, 2010.

The respondents/plaintiffs at the said Lower Court took out a writ of summons against the defendant/appellant on the 23rd day of June, 2004 and contemporaneously filed their statement of claim and therein sought for the following reliefs:

?N2,000.000.00 (Two Million Naira only) being and representing the amount paid by plaintiffs’ to the defendant for the supply of Aluminum products of a specified quality and which quality the product supplied by defendant did not meet, leading to a rejection of the product by the final consumer and cancellation of a roofing contract involving plaintiffs, AND ALSO DAMAGES for the said act of the defendant on the plaintiffs.

AN ORDER that defendant evacuates at its own expenses immediately, the products supplied the plaintiffs which were not used owing to the default of the defendant. ”

At the close of

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pleadings and with issues having been joined, the matter was duly heard. Thereafter, learned counsel for both parties filed their respective written addresses. At the end of it all, the learned trial judge entered judgment in favour of the respondents in the following words:

“In the final analysis, I hold the view that the plaintiffs have proved their case against the defendant on a balance of probabilities and is entitled to judgment. Judgment is hereby entered in favour of the plaintiffs against the defendant as per their claim. The following orders are hereby made:

“1. N2,000,000.00 (Two Million Naira Only) is awarded the plaintiffs being and representing the amount paid by the plaintiffs to the defendant for the supply of aluminum products of a specified quality and which quality the product supplied by the defendant did not meet leading to a rejection of the product by the final consumer and cancellation of a roofing contract involving the plaintiffs, AND ALSO DAMAGES for the said act of the defendant on the plaintiffs

2. The defendant is hereby ORDERED to evacuate at its own expenses immediately, the said products supplied the plaintiffs,Chemistry

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which were not used owing to the default of the defendant.

Costs assessed and fixed at N50,000.00 is awarded against the defendant in favour of the plaintiffs – out of pocket expenses inclusive.?

The appellant being dissatisfied with the judgment, appealed against it, vide a notice of appeal filed on the 2nd day of December, 2010. The two grounds of appeal contained therein without their particulars are reproduced below: