Ratio DecidendiRatio DecidendiRatio Decidendi



ESI
V.
CNPC/BGP INTERNATIONAL & ANOR

(2014) JELR 39978 (CA)    

Court of Appeal  ·  CA/B/290/2005 ·  29 Apr 2014 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU JCA IBRAHIM MOHAMMED MUSA SAULAWA JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA

Ratio Decidendi

Core Terms Beta
appellant
plaintiff
learned trial judge
record
counter-claim
1st defendant
2nd defendant
2nd respondent
issues
appellant's counsel
contract sum
supply
lower court
respondent company
statement of claim
trial court
civil matters
officials of the 1st respondent
payment of the contract sum
proper evaluation of the evidence
respondent's counsel
view of the evidence
amended statement of defence
claims of the appellant
criminal offence
delta state
different times
exact anchors vide lpo no
expected supply date
favour of the respondents
fundamental issues of date of supply
fundamental terms
instant case
judgment of the high court of delta state
justice g.e gbemre
leading judgment
learned appellant's counsel
local purchase order no.
ogriagbene base of the 1st defendant
proof of his claims
refusal of the respondents
respect of a contract
respondent counter
respondents' right
said anchors
trial lead evidence


HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State delivered by Justice G.E Gbemre, on the 15/3/05 wherein the learned trial Judge dismissed the claims of the appellant in its entirety and awarded ₦10,000.00 (ten thousand naira) as damages in favour of the respondents. Below are the facts that led to this appeal:

The 1st respondent company on 10/02/2002 contracted the appellant to supply 500 units of 5Kg exact anchors vide LPO NO: 101449 dated 10/02/2002.

The appellant claimed that he duly supplied the anchors as per the terms on the LPO and that the anchors were received by officials of the 1st respondent's company. However, the appellant was not paid the contract sum. He swore that after the supply, inspection and confirmation of the goods by officials of the 1st respondent's company he processed his waybill and invoice. He attached the waybill and invoice to the LPO and forwarded same to the …

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