OLUFOSOYE
V.
FAKOREDE

(1992) JELR 80277 (CA)

Court of Appeal · CA/K/93/89 · 28 Apr 1992 · Nigeria

CORAM

DAHIRU MUSDAPHER, J.C.A. (Presided) OKAY ACHIKE, J.C.A. (Read the Leading Judgment) SIMEON ADEBAYO ODUWOLE, J.C.A.

Core Terms ^Beta

respondent

appellant

evidence

learned trial judge

company

mr. akinnuoye

co. ltd

co. ltd.

counsel

limited liability company

trial court

statement of account

trial judge

ilorin nigerian railway corporation

common ground

statement of claim

x x x x

building materials

business transaction

evidence of the respondent

grounds of appeal

issues

local purchase orders

proper appraisal of the pleadings

sum of n5,000

actual award

appellant holds

appraisal of evidence

authenticity of the said claim

building supplies

contract work

employee of the aforesaid company

facts of this case

following findings

improper appraisal of evidence

issue no.

leading judgment

name of pedeco enterprises

personal agent of the defendant

pleaded amount

proper party

reaching finding

respect of defendant

said claim

such agency

third parties deal

view of the fact

ACHIKE, J.C.A. (Delivering the Leading Judgment): The plaintiff claimed to have supplied building materials to the defendant's site in respect of defendant's contract at Ilorin Nigerian Railway Corporation for the building project between 22/4/82 and April 1983. According to the plaintiff, the total value of materials supplied was N33,874.60, and that the defendant has only paid the sum of N5,000, leaving a balance of N28,874.60, which represents the present cause of action brought against the defendant. The plaintiff pleaded and relied particularly on 24 Local Purchase Orders signed by one Akinnuoye and the statement of account prepared and signed by the same person. The defendant denied liability and further said that the contract work at the Ilorin Nigerian Railway Corporation was never awarded to him personally but to Pedeco (Nig) Company Limited, a limited liability company. With regard to Mr. Akinnuoye, defendant said he was an employee of the aforesaid company and was never his…

OLUFOSOYE V. FAKOREDE

OLUFOSOYE
V.
FAKOREDE