CORAM

SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

ADESOLA OGUNTADE, JUSTICE, SUPREME COURT

PARTIES

ZAKHEM CONSTRUCTION (NIG.) LTD APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff entered into agreement to supply oxygen and acetylene gas to the defendant in cylinder. Terms of the contract include that the defendant was to pay a refundable deposit of N3,500 on each bottle and N5,000 as compensation on any lost bottle of cylinder to the Plaintiff. The matter arose out of the claims for 63 unreturned bottles of cylinder which the plaintiff claims the defendant did not return, which is a violation of the terms of the contract agreement between the parties.

HELD

The court held that the only known contract that existed between the parties was that of supply of oxygen and acetylene gas to the defendant and that the unreturned bottles by the defendant should be treated as lost; the defendant was therefore to pay the balance for them.

ISSUES

1. Whether the Justices of the Court of Appeal, Kaduna especially their Lordships, Omage and Muhammad J.JCA correctly evaluated the evidence before the trial court when they held that the initial temporary agreement between the parties tendered and admitted as Exhibit 2, was the only evidence of the transaction between the parties in the contract of supply of gas cylinders, therefore any relief not contained in the said Exhibit 29, cannot be sustained?2. Whether the appellant has suffered any damage known to law entitling him to an award of damages as granted by the trial court especially in view of the fact that the respondent withheld and seized the appellant’s 63 gas cylinders for over six years.?

RATIONES DECIDENDI

CASES CITED

Alexander Brogden & Ors. V. The Directors & Co. of the Metropolitan Railways Company [1877] 2 app. Cos 666

STATUTES REFERRED TO

None.

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