OSESA
V.
TULIP COCOA PROCESSING LTD

(2018) JELR 38718 (CA)    

Court of Appeal  ·  CA/B/363/2013 ·  17 Jul 2018 ·  Nigeria
CORAM
SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
respondent
evidence
exhibit p11
learned trial judge
uhom-ora
oral agreement
defendants
finding of the learned trial judge
rate of n3.50k
trial court
exhibits p
edo state
exhibits p14
sum of n10,269,144.00
cocoa buying agent
cocoa season
cross examination
challenge exhibits p
evidence of the pw2
exhibit p
finding of the trial court
following cases
haulage of the cocoa
judgment of the high court of edo state
plaintiffs
purchase of the cocoa
appellant claim
certification of the cocoa
content of exhibits p14
copious evidence of the oral agreement
facts of the case
good grade cocoa beans
improper use of the opportunity
leading judgment
officials of the edo state ministry of agriculture
p10 show
payment of the outstanding amount
pleadings of the parties
preponderance of evidence
said finding
said judgment
sheriff of this honourable court
such trade custom
unpaid haulage fee
view of the state of pleadings
view of the unchallenged evidence of the pw2

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment: This appeal is against the judgment of the High Court of Edo State delivered by E.A. Edigin J. On the 25th day of September, 2012 wherein the plaintiffs (now Appellant) claim was granted in part while the defendants (now Respondent) counterclaim was dismissed.

In summary, the facts of the case as presented by the Appellant is that he is a produce buyer and in 1991 the Respondent appointed him a cocoa buying agent in Uhom-Ora, Edo State under certain terms and conditions as agreed to by the parties. This includes the defendant advancing money to him for the purchase of the cocoa during the cocoa season and which money is secured by the collateral wherein the Appellant handed over the particulars of his Mercedes Tipper Lorry, Mercedes Benz V. Boot Saloon Car and the C of O of his land to the Defendant. The Appellant is required to purchase and supply good grade cocoa beans to the Defendants ware house in Lagos. The gradi…

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