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Jobi Trade Investment Limited v. Olubisi

  1. JOBI TRADE INVESTMENT LIMITED
  2. MR. OGUNJOBI OLUSEGUN

V

ADELEKE OLUBISI

( Trading under the name of Qualum Building Product Enterprises )

COURT OF APPEAL

( EKITI DIVISION )

JIMI O. BADA JCA ( Presided and Read the Lead Judgment )

MASSOUD A. OREDOLA JCA

UCHECHUKWU ONYEMENAM JCA

CA/EK/37/2012

WEDNESDAY, 28 FEBRUARY 2013

ACTION - Counterclaim - Meaning of - Establishing to the satisfaction of the court - Necessity of

APPEAL - Decision of trial court -  When right - Whether appellate court will set aside

CONTRACT - Breach of contract - Nature of - Effect

CONTRACT - Meaning of - Nature

JUDGMENT AND ORDERS - Decision of trial court - When right - Whether appellate court will set aside

Issues:

  1. Whether the lower court was right in declaring the nonpayment of the sum of N470,000.00 (four hundred and seventy thousand naira) as wrong, unreasonable and unlawful.
  2. Whether the lower court was right in directing the defendant/ appellant to pay the sum of N470, 000.00 (four hundred and seventy thousand naira) and 5% interest therein in favour of the plaintiff/respondent, being the balance of the payment for the contract.

Facts:

The plaintiff (respondent herein), instituted an action against the appellants in the High Court, sitting at Ado Ekiti, in Ekiti State, claiming an order of court declaring the action of the defendants for non-payment of the sum of N470,000.00 (four hundred and seventy thousand naira) owed the plaintiff wrong, unreasonable, unlawful and unconstitutional, an order to pay the same sum being the balance of payment for the contract executed by the plaintiff on behalf of the defendants at the specialist hospital, Ekiti and also payment of interest at the rate of 21% per annum on the said sum of N470,000.00 (four hundred and seventy thousand naira) from April 2008  till judgment is delivered and thereafter 10% interest per annum from the date of judgment till the final liquidation of the entire debt. The 2nd defendant  filed a counterclaim.

At the conclusion of the hearing, the lower court in a considered judgment granted all the reliefs of the respondent, struck out the name of the second appellant and the counterclaim thereof .

Dissatisfied, the appellants appealed to the Court of appeal.