JUDGEMENT

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION

HOLDEN AT IKEJA

SUIT NO: HG/67/2015

BETWEEN

KHADIJAT ADEOGUN CLAIMANT

AND

• PRODUCE BANK PLC
• NIGERIA DEPOSIT INSURANCE CORPORATION DEFENDANT

JUDGEMENT

The Claimant instituted this action by a specially endorsed writ of summons dated the 26th February 2011 in which the claimant claimed against the defendants as follows:

• The sum of N7,000,000.00 (Seven million Naira) being the unpaid balance of a contract of supply of cashew nuts by the claimant to Malaysia on the instructions of the defendant;
• The sum of N3,000,000.00 (Three million Naira) special damages for breach of contract;
• The sum of N4,000,000,.00 (Four million Naira)general damages.

Both parties called witness who testified on their behalves and tendered several exhibits in support of their respective positions. I have considered the testimonies of the witnesses called by the parties and the exhibits tendered by them. I have also considered the submissions of counsel on both sides and it is my respectful opinion that two issues call for determination in this matter:

• Whether there was a contract between the parties
• Whether there was a breach by the defendant.

On the 1st issue, I am of the opinion that there was a valid contract between the parties. Exhibit A clearly bears this position out especially as the defendant did not seriously join issue on this point. On the 2nd issue, I hold that there was a breach of contract by the defendant. This is because the position of the law as can be seen from a long line of cases is that whoever comes to equity must come with clean hands. The claimant by supplying goods which were not fit for the special purposes for which it was requested has failed to comply with the provisions of the Sales of Goods Act 1891 and has therefore not come to equity with clean hands. Secondly, I am of the opinion and therefore hold that the principle of res ipsa loquitor is applicable here as the breach by the claimant speaks for themselves. On the whole, I dismiss the claimant's claims in their entirety. I further order as follows: