- N.A.C.B. Ltd v. Ajayi Farms Ltd
- ₦ 200
N.A.C.B. Ltd v. Ajayi Farms Ltd
NIGERIAN AGRICULTURAL & CO-OPERATIVE BANK LTD.
& 1 OR
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
MONDAY, 2ND DECEMBER, 2002
COURT - Whether court
can pick and choose what to believe where evidence is at variance with
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
EVIDENCE - Damages - Loss of use of equipment - Proof of - Quality of
evidence required - Need to call witness regularly involved in the particular
EVIDENCE - Statement
against interest - Admissibility of - Effect
PLEADINGS - Bindingness
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
Whether it was established that the 2nd respondent
refused to release the tractor to the respondent as a result of the appellantâ€™s
Whether respondent proved his case against the
appellant to be entitled to the judgment of the court.
Is the judgement of the trial court reasonable and
sustainable in the light of the pleadings and evidence before the court.
Was the award of general damages in addition to special
damages not double compensation for one wrong.
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.