CAESAR & JONES LTD
V.
AMANDA

(2021) JELR 109211 (CA)

Court of Appeal · CA/J/26/2020 · 10 Sep 2021 · Nigeria

CORAM

Jimi Olukayode Bada, JCA Moore Aseimo Abraham Adumein, JCA Uchechukwu Onyemenam, JCA

Core Terms ^Beta

appellant

respondent

trial court

learned counsel

bags of dog food

issues

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…

CAESAR & JONES LTD V. AMANDA

CAESAR & JONES LTD
V.
AMANDA