OLUFOSOYE
V.
FAKOREDE

(1992) JELR 80277 (CA)

Court of Appeal 28 Apr 1992 Nigeria
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- The plaintiff claimed to have supplied building materials to the defendant's site for a building project. - The plaintiff claimed that the defendant owed a balance of N28,874.60 for the materials supplied. - The defendant denied liability

Case Details

Suit Number:CA/K/93/89
Judges:DAHIRU MUSDAPHER, J.C.A. (Presided) OKAY ACHIKE, J.C.A. (Read the Leading Judgment) SIMEON ADEBAYO ODUWOLE, J.C.A.
Counsel:Bisi Adegunle - for the Appellant J.O. Ijaodola - for the Respondent.

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…

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