West African Oilfields Services Limited V. U.a.c. Of Nigeria Limited (2000)

LawGlobal-Hub Lead Judgment Report

PATS-ACHOLONU, J.C.A.

T

he appellant an oil service related company sometime between 1975 to 1976 delivered to the respondent some machines and equipment for repairs and refurbishment. The respondent later sent invoices to show that repairs had been effected in the sum of N112,624.28. The appellant would have none of that as it insisted the money should be considerably less than that sum. However, the parties later agreed to the sum of N74,069.29. This amount was paid instalmentally as agreed by the parties and the instalmental payment was completed in February, 1979.

Having completed the cost of alleged repairs, the respondent for some unaccountable reason failed to deliver the goods. The appellant stated that it was indeed discovered that no repairs or refurbishment of the equipment was made and of course the failure to repair and deliver the equipment and machines in good working condition which was the basis of the contract led to the inevitable detention of the goods; whereupon the appellant claimed as follows:

The delivery up to the plaintiff in good and working condition of the equipment specified in paragraph 5(a), (b), (c), (d) and (1) of this statement of claim or their value:-

(i) 3 D333 at minimum of N45,364.92;

(ii) 3 Scrapers at minimum of N120,000.00.

(b) Loss of use of the said equipment and machines during the period of wrongful detention from the 27th day of September, 1977 when the defendant obtained judgment in respect of purported labour and material supplied in respect of the equipment to and including the 28th day of February, 1979.

(i) The two Cat Marine Unit D333 at the rate of N400.00 (four hundred naira) per day per machine for 17 (Seventeen) months – N408,000.00.

(ii) Loss of use of two Cart Scrappers Model 621B 23H1301 and D336-23H1301 at the rate of N525.00 (five hundred and twenty-five naira) per day per scraper for 17 months – N535,500.00.

(iii) Cart Scrapers Model 619-61F84 at the rate of N450.00 (four hundred and fifty Naira) per day for 17 months – N229,500.00.

Total for (b) (i-iii) – N1,174,000.00.

(c) Refund to the plaintiff of the money paid to the defendant as claimed by it for services and materials allegedly rendered and supplied but which were not in fact rendered and or supplied N74,069.29.

(d) General damages for continued detention of the plaintiffs said equipment since filing of this action – N300,000.00″