CORAM

MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

UDOMA

P. NNAEMEKA-AGU, JUSTICE, SUPREME COURT

PARTIES

MESSRS. COMPTOIR COMMERICIAL INDUSTRIEL (AFRIQUE) (NIGERIA) LTD APPELLANTS

A. O. ONAYEMI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff/respondent claimed against the defendants/appellants the return of deposit and damages on the goods bought. The learned trial Judge in a reserved judgment reviewed the evidence. He was of the opinion that the case of the plaintiff was not seriously challenged and that the facts were not in dispute. He therefore entered judgment for the plaintiff. The defendant appealed to the Supreme Court against the decision of the trial judge.

HELD

The appeal succeeded and was allowed.

ISSUES

1. That the plaintiff did not establish on the evidence that the defendants had committed in any way any breach of their contract in relation to “exclusivity”. 2. That the learned trial Judge within the context of Exhibit A, misconstrued the word “exclusivity” to mean a guarantee of profit; and within the context of Exhibit E, the word “deposit”, as meaning “security or earnest for the performance of some contract”. 3. That the costs awarded the plaintiff were excessive.

RATIONES DECIDENDI

CASES CITED

None.

STATUTES REFERRED TO

None.|

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