(2000) JELR 43949 (CA)    

Court of Appeal  ·  CA/E/222/88 ·  17 May 2000 ·  Nigeria
Other Citations
W.A Oilfield Serv. Ltd v. U.A.C. Nig. Ltd. (2000) 13 NWLR (Pt.683)68
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGHEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
breach of contract
learned trial judge
good condition
judgment of the lower court
learned trial judge right
necessary repairs
return of goods
statement of claim
tort of detinue
appeal fails
basis of the contract
condition of the equipment
continued retention of the goods
cost of alleged repairs
detention of the plaintiffs
exchange of exhibits m
filing of this action
financial state
following questions
general damages
inevitable detention of the goods
issue of repair
issues viz
leading judgment
lead judgment
loss of use of the said equipment
lower court
oil service
part of its duty
plaintiff of the money
proof of a previous demand
recovery of the appellant
refurbishment of the equipment
related company
repair work
s. a. kennedy
substratum of the appellant
sum of n112,624.28
totality of the evidence
whole affair

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The appellant an oil service related company sometime between 1975 to 1976 delivered to the respondent some machines and equipment for repairs and refurbishment. The respondent later sent invoices to show that repairs had been effected in the sum of N112,624.28. The appellant would have none of that as it insisted the money should be considerably less than that sum. However, the parties later agreed to the sum of N74,069.29. This amount was paid instalmentally as agreed by the parties and the instalmental payment was completed in February, 1979.

Having completed the cost of alleged repairs, the respondent for some unaccountable reason failed to deliver the goods. The appellant stated that it was indeed discovered that no repairs or refurbishment of the equipment was made and of course the failure to repair and deliver the equipment and machines in good working condition which was the basis of the contract led to the inevitable d…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login