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  • N.A.C.B. Ltd v. Ajayi Farms Ltd
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  • 2003-04-14
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N.A.C.B. Ltd v. Ajayi Farms Ltd

NIGERIAN AGRICULTURAL & CO-OPERATIVE BANK LTD.

 & 1 OR

V

AJAYI FARMS LTD.

COURT OF APPEAL

( JOS DIVISION )

A. MARIAM MUKHTAR, JCA ( Presided and Read the Lead Judgment )

OLUDADE OLADAPO OBADINA, JCA

IFEYINWA CECILIA NZEAKO, JCA

CA/J/252/98

MONDAY, 2ND DECEMBER, 2002

COURT - Whether court can pick and choose what to believe where evidence is at variance with pleadings

DAMAGES - General Damages - Award of - When it will amount to double compensation

DAMAGES - Loss of use of equipment - Proof of - Quality of evidence required

EVIDENCE - Court - Whether can pick and choose what to believe where evidence is at variance with pleadings

EVIDENCE - Damages - Loss of use of equipment - Proof of - Quality of evidence required - Need to call witness regularly involved in the particular business

EVIDENCE - Statement against interest - Admissibility of - Effect

PLEADINGS - Bindingness of

PLEADINGS - Effect of settling issues in the pleadings

PLEADINGS - Evidence - Need not to be at variance with pleadings

PLEADINGS - Whether court can pick and choose what to believe - Where evidence is at variance with pleadings

Issues:

1.            Whether it was established that the 2nd respondent refused to release the tractor to the respondent as a result of the appellant’s exhibit A8.

2.            Whether respondent proved his case against the appellant to be entitled to the judgment of the court.

3.            Is the judgement of the trial court reasonable and sustainable in the light of the pleadings and evidence before the court.

4.            Was the award of general damages in addition to special damages not double compensation for one wrong.

Facts:

The plaintiff/respondent entered into a written agreement with the 1st defendant/appellant for a loan in the sum of N218,300.00 for agricultural purposes and the loan was to be disbursed by the party in cash and in kind. A Mortgage Deed was executed on 3/8/88. The 2nd defendant offered the plaintiff a used tractor for sale at the price of 100,000.00 and the 1st defendant paid N98,000.00 for the tractor and this brought the disbursement of the loan to the plaintiff to N167,773.10. The tractor had a defective engine which the 2nd defendant was to repair before delivery but this was not done, and the tractor was not delivered at all on the instructions of the 1st defendant/ appellant . By reason of failure to deliver the tractor, the farm project could not be pursued. Subsequently, the plaintiff liquidated the loan with interest and sued the 1st and 2nd defendants for special and general damages for loss of use of the tractor, interest on the purchase price, etc. Judgement was entered for the plaintiff. Dissatisfied, the defendant filed this appeal.