Edward Owhoeri & Ors V. Willian Oghre Ikanone (1993)

LawGlobal-Hub Lead Judgment Report

AKPABIO, J.C.A.

This is an Appeal against a judgment of Odita, J. of the High Court of former Bendel State, sitting at Warri in Suit No. W/1/86 delivered on 19th August, 1988, wherein he entered judgment for the Plaintiff against the Defendants, jointly and severally in the sum of N364,000.00, being money paid by the Plaintiff to the Defendants for a consideration that totally failed, plus interest at the rate of 15% p.a. on the said sum to the date of judgment, plus costs of N700.00

At the trial court, the claim of the Plaintiff against the Defendants was worded as follows:-

‘The Plaintiff’s claim against the Defendants, jointly and/or severally, is for money paid by the Plaintiff to the Defendants for a consideration which has failed.

By an oral agreement entered into in October, 1983, and made between Plaintiff and the Defendants, the Plaintiff agreed to buy and Defendants agreed to sell imported bags of rice, bags of cements, bales of stock fish etc. delivery to take place immediately on payment of the agreed price in October, 1983.

In scrupulous compliance with the agreement aforesaid, Plaintiff paid to the Defendants the sum of N364,000 (Three Hundred and Sixty-four Thousand Naira) in October 1983 in the jurisdiction of this Honourable Court but the Defendants have jointly and severally failed, refused and/or omitted to deliver the agreed items immediately in October, 1983 or at all in flagrant breach of the said agreement despite repeated demands.

Wherefore Plaintiff claims the said sum of N364,000.00 from the Defendants jointly and severally, damages and interest.”

Details of the exact quantity and prices of goods agreed to be sold were later given in the statement of claim as follows:-

(a) 5,000 Bags of rice at N35.00 per bag = N175,000.00

(b) 500 Bags of Stockfish at N200.00 per bag = 100,000.00

(c) 500 Bags of salt at N30.00 per bag = 15,000.00

(d) 100 Bags of sugar at N140.00 per bag = 14,000.00

(e) 20,000 Bags of cement at N3.00 per bag = 60,000.00

Total = N364,000.00