(2002) JELR 44614 (SC)    
Supreme Court  ·  SC.116/1997 ·  12 Apr 2002 ·  Nigeria
Other Citations
Sabru Motors Ltd. v. Rajab Ent. Ltd.(2002) 7 NWLR (Pt.766) 243 (2002) 4 S.C (Pt.II) 67
Sabru Motors Ltd. v. Rajab Ent. Ltd. (2002) 7 NWLR (Pt. 766) 243
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
contract price
sale of goods act
learned trial judge
statement of defence
court of appeal
trial court
current price
learned trial judge ought
open market
statement of claim
time of the refusal
additional sum
amended statement of claim
48c trucks
order of this hon. court
learned counsel
only issue
price of the trucks
specific performance
trial judge
current bank rate
grounds of appeal
leading judgment
new mercedes trucks l.911
plaintiff claims
price list of anamco
purchase price
sum of n1,692,519.00
agreed purchase price
a. i. iguh
benz trucks model l.911
breach of the contract
delivery of the goods
high court of adamawa state
inadequacy of damages
increased price
judgment of the court
matter of fact
prices of the vehicles
sole issue
sole reason
total of n1,692,519.40
unit cost of n846,000.00
unit price of n846,259.20

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was the defendant in Suit No. ADSY125/93 instituted by the respondent as plaintiff in the High Court of Adamawa State, Yola Judicial Division. The defendant was an accredited distributor of the Anambra Motor Manufacturing Company Ltd. (ANAMCO for short). The parties entered into a contract for the sale of two Mercedes Benz Trucks Model L.911/48C by the defendant to the plaintiff at a unit cost of N846,000.00. The plaintiff paid a total of N1,692,519.40 for the two vehicles with a bank draft. When the defendant failed to deliver the vehicles, the plaintiff commenced proceedings leading to this appeal. Pleadings were ordered, filed and exchanged. In paragraph 12 of its amended statement of claim the plaintiff averred as follows:

12. Whereof the plaintiff claims against the defendant:

(a) The sum of one million six hundred and ninety two thousand, five hundred and nineteen naira, forty kobo being the money originall…

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