National Electric Power Authority V. R. O. Alli & Anor. (1992)

LawGlobal-Hub Lead Judgment Report

O. OGWUEGBU, J.S.C.

The plaintiffs claim against the defendant is as follows:

”The 2nd plaintiff by an agreement dated 6th September, 1977, sold the machines and machineries listed in paragraph 6 above to the 1st plaintiff upon terms that the 1st plaintiff having paid N15,000.00 to the 2nd plaintiff the aforesaid machines were assigned and delivered to the 1st plaintiff subject to the 1st plaintiff paying to the 2nd plaintiff the balance of N45,000.00 plus interest thereon at the rate of 12% from 6th September, 1977.

The machines supplied and delivered to the 1st plaintiff by the 2nd plaintiff listed in paragraph 6 of the further amended statement of claim were:

1. Long Saw Machine, Model ST 110
2. Band Saw Sharpener, Model CITV25,KS
3. Tensioning Machine
4. Extra Blades and Spare Parts.

After the purchase and delivery of the above machines, the 1st plaintiff established and installed an ultra modem Sawmill Factory at the Industrial Area. Irewon Road, Ijebu-Ode in Ogun State.

The defendant is a statutory authority set up under and by virtue of the National Electricity Act for the following purposes:

(a) to generate or acquire supply of electricity,

(b) to provide bulk supply of electricity for distribution within and outside Nigeria and

(c) to provide supply of electricity for consumers in Nigeria. It supplied electricity to the factory of the 1st plaintiff.

On 12th-February, 1980, the defendant’s transformer at Ijebu-Ode due to its negligence went into flames. The fire from the transformer spread to the 1st plaintiff’s factory and destroyed all the machines and machineries.

Wherefore the plaintiffs jointly and severally claim from the defendant as follows:

“A Special Damages:

(i) Damages being cost of replacing the machines listed above

which were completely destroyed N80,000.00