Customer Support

JALLCO LTD & ANOR
V.
OWONIBOYS TECHNICAL SERVICES LTD

(1995) JELR 43479 (SC)

Supreme Court 28 Apr 1995 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent was a stockist and reseller under a dealership agreement with J. Allen & Co. Limited (later Jallco Ltd.), selling vehicles and parts in Kwara State; multiple accounts were maintained to record discounts and transactions. -

Case Details

Suit Number:SC.270/1988
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:M.A.O. Okulaja, -for the Appellants/Cross-Respondents. For Appellant Akin Olujimi -for the Respondent/Cross-Appellant. For Respondent
Other Citations:Jalico Ltd. v. Owoniboys Tech. Serv. Ltd. (1995) 4 NWLR (Pt.391)534 (1995-1996) All NLR 234

MOHAMMED, J.S.C: (Delivering the Leading Judgment): The respondent was appointed stockist and reseller for J. Allen and Company Limited for Kwara State. In the dealership agreement the respondent was selling heavy commercial vehicles, passenger cars, tractors, spare parts and Yamaha motor-cycles. The pattern of trading activities between the parties were occasional cash purchases, deposit of funds by cheques and drafts. Three distinct accounts were therefore opened and maintained by the 1st appellant on respondent's behalf into which all agreed discounts due to the respondent were to be paid.

In 1985 the respondent filed a writ of summons in Ilorin High Court, Kwara State, claiming, initially against the 1st appellant, various sums of money totaling N411,109.81k, the break down of which is as follows:

"(i) 21/2% discount of 285 commercial vehicles on retained account which amounts to N84,803.47 and 5% retained discount for 234 passenger vehicles which amount to N32,192.95K

(ii) N50,0…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.