YUSUFF
V.
NIGERIA TOBACCO CO. LTD.

(1977) JELR 49356 (SC)    

Supreme Court  ·  SC.311/1975 ·  17 Jun 1977 ·  Nigeria
 · 
Other Citations
YUSUFF v. NIGERIA TOBACCO CO. LTD. (1977) 6 S.C. (REPRINT) 25
CORAM
DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiff
defendant
defendant company
evidence
freight rate
learned trial judge
appeal
transport business
mr. adebisi
usual terms
agreed freight rate
agreement exhibit a
breach of contract
favour of the plaintiff
main contention
said agreement
trial judge
western state court of appeal
aspect of the plaintiff
basis of the claim
basis of the established form of contract
binding agreement
cause celebre
counter claim
cross-examination
first suit hoy
former western state court of appeal
freight charges
g. s. sowemimo
high court of the former western state
interested parties
judgment of the court
judgment of the high court
leading judgment
learned counsel
normal freight rate
quantum meruit
rectification of exhibit a
respect of the contents of exhibit a.
respondent company
short work of the matter
suits hoy
trial
trial court
written contract
wrong approach

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal is in respect of two suits HOY/9/70 and HOY/28/70 which were consolidated for trial at the High Court of the former Western State holden at Oyo by Odumosu, J. The first Suit HOY/9/70 was instituted by the appellant as plaintiff, against the respondent company as defendant, and judgment was entered in favour of the plaintiff for an amount of:

(a) 7,425.16s.3d (pounds) (the equivalent in current currency is N14,851.62 1/2k freight charges "for goods carried by the Plaintiff for the defendant as per agreement Exhibit A;

(b) 600(pounds) (N1,200.00k) as special damages; and

(c) 500(pounds) (N1,000) as general damages for breach of contract.

The second suit HOY/28/70 which the defendant company instituted against the plaintiff is for a rectification of Exhibit A, an agreement between the two parties, and which was the basis of the claim in the first suit. This claim was dismissed.

The defendant company lodged an appeal ag…

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