Nigerian Spannish Eng. CO. Ltd. V. Ezenduka (2001)

LawGlobal-Hub Lead Judgment Report

SALAMI, J.C.A.

In the High Court of Justice of Kano State of Nigeria, in the Kano Judicial Division and sitting in Kano, the respondent herein brought an action against the appellant in an earlier suit No. K/700/96, as follows:

“(1) an order on the defendant to produce copies of its audited accounts showing its profits from September, 1986 to date.

(2) an order on the defendant to produce its books of account, invoices, delivery notes etc showing the value of purchases made by the plaintiff from the defendant from September 1986 to date.

(3) 25% of the profits duly shown as per paragraph 15.1 above.

(4) 7% as rebate of the plaintiff’s purchases duly adjudged from 1986 to date.

(5) Refund of sum advanced to the defendant …N600,000.00

(6) Refund of sum paid for goods but not

Supplied N1,050,000.00

sub-total N1,650,000.00

(7) General damages N10,000,000.00

TOTAL N11,650,00.00

(8) Interest and costs at court’s rate.”

Pleadings were filed and exchanged. Evidence were adduced by both parties and counsel addressed the court. In a reserved and considered judgment, the learned trial Judge acceded to the respondent’s claim after rejecting the appellant’s defence.