CORAM
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
A.I. IGUH
A.I. KATSINA-ALU
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT(Read the Leading Judgment)
PARTIES
SABRU MOTORS NIGERIA LIMITED APPELLANTS
RAJAB ENTERPRISES NIGERIA LIMITED RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff paid for vehicles but the defendant failed to deliver them as a result of which it instituted action for damages for the market value of the vehicles. The defendant admitted the market value of the vehicles but the trial court refused to award the total sum stated on grounds that no price list was attached.
HELD
The court held that the court of appeal was right in awarding the market value of the vehicles as admitted by the defendant.
ISSUES
Whether the court below was right after finding the plaintiff’s evidence on damages inconsistent and/or contradictory, to have reviewed the same damages of N1,992,519.40 awarded by the trial court to N3,000,000.00 by placing reliance on the pleadings of the parties.
RATIONES DECIDENDI
CASES CITED
Davies v. Powell Duffryn Collieries (supra) and Cavanagh v. Western Weaving Co. (1960) A. C. 145|Hong Guan and Co. Ltd. v. Jumabhoy and Sons Ltd. (1960) 2 All E.R. 100 P.C|Ashmore v. Fox (1899)1 Q.B. 436 at 443 Williams Brothers v. Agius Ltd. (1914) A.C. 510 at 523|British Indian General Insurance Co. Nig. Ltd. v. Tharwadan (1978) 3 S. C. 143 at 149,|A.C.B. Ltd. v. Alhaji Umaru Gwagwada (1990) 5 N.W.L.R. (Part 342) 25 at 42
STATUTES REFERRED TO
The Sales of Goods Act|