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GOODWILL & TRUST INVESTMENT LTD.
V.
ETCO NIGERIA LIMITED & ANOR

(2025) JELR 114888 (SC)

Supreme Court 16 May 2025 Nigeria
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- Supreme Court held that execution of Exhibit P12 did not operate as a novation discharging the respondents’ contractual obligation under Exhibit P2 to freight the generator back to the appellant; thus, the respondents remained liable for

Case Details

Suit Number:SC/CV/209/2011
Judges:JOHN INYANG OKORO, JSC HELEN MORONKEJI OGUNWUMIJU, JSC TIJJANI ABUBAKAR, JSC CHIDIEBERE NWAOMA UWA, JSC HABEEB ADEWALE OLUMUYIWA ABIRU, JSC
Counsel:Olujoke Aliu, Esq. (with him, Elizabeth Tijani, Esq.) for the Appellant Oluwaleke Atolagbe, Esq. (with him, James O. Shaba, Esq.) for the 1st Respondent. Adetunji A. Adeniyi, Esq. (with him, Emmanuel Okeun, Esq.) for the 2nd Respondent.

CHIDIEBERE NWAOMA UWA, J.S.C. (DELIVERING THE LEADING JUDGMENT): This appeal finds its inception in an action instituted at the High Court of Lagos State (hereinafter referred to as the “trial court”), on the 29th day of September 2000. This action, brought by way of writ of summons, was filed by the appellant against the respondents, wherein the appellant articulated several reliefs for the determination of the trial court. The precise reliefs sought by the appellant are detailed within paragraph 47 of the appellant’s amended statement of claim, which is contained at pages 38- 44 of the printed records of appeal. They are hereby reproduced as follows:

“i. Payment of the sum of N2,658,660 (Two Million, Six Hundred and Fifty-Eight Thousand, Six Hundred and Sixty Naira, only) being the cost of repairs of the knocked down generator while in the defendants, use.

ii. Rental fees on the generator at the contracted rate of N15,000 (Fifteen Thousand Naira only) per day from the 4th April 2000 u…

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