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…

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