(2021) JELR 109211 (CA)    
Court of Appeal  ·  CA/J/26/2020 ·  10 Sep 2021 ·  Nigeria
Jimi Olukayode Bada, JCA Moore Aseimo Abraham Adumein, JCA Uchechukwu Onyemenam, JCA
Core Terms Beta
trial court
learned counsel
bags of dog food
civil procedure
cross appellant
learned trial judge
notice of intention
plaintiff’s affidavit
sum of n960,000.00
undefended list
exhibit a
favour of the respondent
sale of goods act
sixty thousand naira
triable issue
instant suit
sole issue
appellant’s reply brief
dr. chinedu agu
eugenia n. eze esq
strength of exhibit a.
such contract
appellant’s brief
breach of contract
cross appellant’s brief
leading judgment
notice of preliminary objection
said dog food
specific performance
above facts
acceptance of an offer
close examination of the totality of the depositions
counter affidavit
decision of the high court of plateau state
express request of the appellant
finding of the learned trial judge
further rights
judgment of the trial court
jurisdiction of the court
learned trial judge per d.d. longji
new dog food
rules of this court
sum of n1,200,000.00
support of writ of summons
undefended list procedure
writ of summons

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the High Court of Plateau State sitting in Jos, delivered on 20th November, 2019, wherein the learned trial Judge Per D.D. LONGJI; assumed jurisdiction to entertain the suit and entered judgment in favour of the Respondent as follows:

“Accordingly, I only hold the Defendant liable for the 40 bags which she requested and which was supplied.

Accordingly, I enter judgment in the sum of N960,000.00 (nine hundred and sixty thousand naira) only. The Plaintiff to provide the account details for the Defendant to pay the amount accordingly. And the Plaintiff is at liberty to retrieve the 10 bags that were not solicited for”.

The case as presented by the Respondent is that 50 bags of dog food were supplied to the Appellant in Abuja by her and that the Appellant failed to pay for the said supply, hence this suit. The Appellant on the other hand contended that she requested for 40 bags of dog f…

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