Santrade Investments Ltd & Ors V. Tino Electronics Nigeria Ltd (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I. M. M. SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal was filed in the High Court of Lagos State Lagos Judicial Division, on 18/4/02 against the judgment of that court, which was delivered on 23/01/03 by the Honourable Justice A.B. Adeniji, J; in suit No. LD/10/2000.

On 03/01/2000, the Respondent issued out a writ of summons against the two Appellants vide the said suit in question.

By the amended statement of claim thereof dated 13/11/2000, the Respondent claimed against the Appellants the following two reliefs:

“(1) WHEREOF the plaintiff claims against defendants jointly and severally is for the sum of N28,000.00 (Twenty-Eight Million Naira) being balance of the cost of Electronic goods sold and delivered to the Defendant as per their L.O.P. dated 18th December, 1997 and confirmed in a memorandum in writing signed by the parties bearing the date 24th day of December, 1998.

(2) The plaintiff claims interest on the unpaid balance at the rate of 21% per annum from the 18th December, 1997 until final payment, the interest being the amount charged by the plaintiff’s bank on the overdraft with which the plaintiff financed the supply of the goods to the defendant.”

On their own part, the Appellants filed their statement of defence on 05/4/01, thereby denying the totality of the claim, thus:

“25. Whereupon the Defendants aver that they are not indebted to the Plaintiff and have rather suffered loss and damage as a result of the plaintiff’s breach of contract and the continuing assault and unlawful detention of the 2nd Defendant.

26. The defendants deny paragraphs 12 & 13 and put the Plaintiff to the strictest proof thereof.
27. The defendants do hereby plead all documents pertaining or relevant to this transaction.
28. The defendants aver that the plaintiff is not entitled to the claim sought in paragraph 14(1) & (2) of its Statement of Claim.”

The Appellants also counter claimed in the said statement of defence against the Respondent, and thereby sought the following reliefs:

“2. Whereupon the 1st and 2nd Defendants claim against the plaintiff is as follows:-

3. (sic) Special Damages for breach of contract in the sum of N8,000,000.00 (Eight Million Naira only).

PARTICULARS

“i. Loss sustained by the 1st Defendant for the failure of the Plaintiff to supply the goods under the L.P.O. within the stipulated time and failure to supply the goods subject of the L.P.O. in full.

ii. Loss of payment under the 1st Defendant’s supply contract.

iii. Discounted value received for the goods eventually supplied by the Plaintiff N20,000,000.00