CORAM

S.M.A. BELGORE – JUSTICE, SUPREME COURT

M.E. OGUNDARE – JUSTICE, SUPREME COURT

U. MOHAMMED – JUSTICE, SUPREME COURT

S.U. ONU  – JUSTICE, SUPREME COURT

Y.O. ADIO – JUSTICE, SUPREME COURT

PARTIES

PATRICK ABUSOMWAN APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

Both the plaintiff/appellant and first defendant  were businessmen in Benin. It was agreed that the plaintiff could bring his goods into the premises of the first defendant who would arrange for marketing the same and pay into the account of plaintiff. Defendant sold the goods  but instead of paying the entire proceeds to the account of the plaintiff the defendants paid only N43,4040.00 instead of N89,298.00, N45,894.0 and for iron rods N141,475.30. only N 126,770.90 instead of N268,246.00.

HELD

The court by virtue of Section 22 Supreme Court Act  ordered the defendants to render account of  proceeds of sale of the plaintiff/appellant’s goods paid wrongly into the defendants/respondents’ account. And awarded the cost of N1,000.00 in favour of the plaintiff/appellant. and  a cost of N200.00 in favour of the plaintiff/appellant as the cost in the Court of Appeal.

ISSUES

(1) “Was it established on the evidence on record that any part of the proceeds of the sale of plaintiff’s goods paid into the account of the defendants?(2) Was the amount due to plaintiff for his goods delivered to the defendants ascertained or ascertainable?(3) Was the learned trial Judge right to hold that the defendants, into whose accounts proceeds of the sale of plaintiff’s goods have been paid were not liable to pay the plaintiff or render an account on the said money to the plaintiff?(4) Was the learned trial Judge right to dismiss the plaintiff’s claims on the grounds set out by him for doing so as shown in this judgment?(5) Having set out what plaintiff must prove to succeed in the action and having resolved these matters in favour of the plaintiff, was the learned trial Judge right to dismiss the plaintiff’s claim as he did?(6) On the evidence on record, was the learned trial Judge entitled to hold that the defendants and or their servants did not sell the plaintiffs goods?(7) Was the judgment of the learned trial Judge supported by the evidence on record?”

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Section 16 Court of Appeal Act

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