Wale Onigbinde V. S.b. Olatunji Global Nig. Limited (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State delivered on 26th day of November, 2013.

By a writ of summons together with a statement of claim dated the 12th day of August, 2009, the Plaintiff now Respondent claimed as follows:-

“a. A declaration that the non-supply of the lead ore by the Defendant to the Claimant pursuant to a contract of agreement between the Claimant and Defendant amounts to a breach of contract.

b. The sum of Two Million Naira Only (N2,000,000,00) (Naira being money paid to the Defendant for the supply of 30 metric tons of lead ore which the Defendant failed/neglected or refused to supply.

c. Interest rate of 22% on the said sum of Two Million Naira from February 2008 until judgment is delivered,

d. the sum of Five Hundred Thousand Naira only (N500,000.00) for breach of contract.”

The Defendant now Appellant filed a statement of defence and counter-claim dated 17th day of February, 2010 wherein he sought the following reliefs:-

“i. The sum of N1,900,000,00 (One Million Nine Hundred Thousand Naira only) being the total sum of money paid by the Defendant out of

his personal funds on behalf of the Claimant to different creditors on 6th day of December 2007, 8th day of April 2008, 22nd day of July, 2008 and 4th day of August, 2008 which sums remain unpaid by the Claimant.

ii. Interest on the said sum at 21% per annum from 30th day of September, 2009 until judgment is delivered and thereafter at the rate of 10% per annum until judgment sum is liquidated.

iii. The costs of this action assessed at Five Hundred Thousand Naira Only (N500,000.00).”

The Respondent further filed a reply to the Statement of Defence and Defence to Counter-claim.

?The case of the Respondent at the lower court was that sometime in December 2007, it entered into a verbal agreement with the Appellant for the supply of 30 metric tonnes of lead ore within a month in consideration of the sum of Two Million Naira Only (N2,000,000,00). The Respondent paid the sum of N2,000, 000.00 (Two Million Naira Only) through installmental payments to the Appellant for the supply of the 30 metric tonnes of lead ore. Several months passed but the ore was not supplied. In a bid to settle amicably, the managing director of the Respondent reported the matter to the Appellant’s