NOTICE OF APPEAL

IN THE COURT OF APPEAL OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO: HC/LAG/03/15

APPEAL NO:……………………….

BETWEEN;

MRS VERONICA APPELLANT

AND

PRODUCE BANK PLC RESPONDENT

NOTICE OF APPEAL

TAKE NOTICE that the Appellant being dissatisfied with the decision of the lower court delivered by His Lordship, Justice Adekunle Obada of the High Court of Lagos dated 1st day of February 2015, more particularly stated in paragraph 2 of this Notice of Appeal do appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal, seek the relief sought in paragraph 4.

The appellant further states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.

• DECISION APPEAL AGAINST:

The whole decision of the court; attached is a Certified Copy of the Judgement.

• GROUNDS OF APPEAL:

Ground 1

The learned trial Judge erred in law when it came to the conclusion that the principle of res ipsa loquitor was applicable in the instant case.

Particulars: The fact of the case relates to contract of supply of goods and a breach of the contract by the Respondent.

Ground 2

The learned trial judge misdirected itself when it concluded that the plaintiff was not entitled to any claim.

Particulars: The fact before the court was that the Appellant had supplied the goods and delivery had been acknowledged. The respondent did not deny acknowledgment and reception of the goods. The fact of substandard goods as alleged by the Defendant was after a period of six years of performance of the contract.

Ground 3

The decision of the learned trial judge was against the weight of evidence before it.

4. RELIEFS SOUGHT:

The Appellant hereby seek the following reliefs:

• An order setting aside the decision of the lower court;
• An order that the Appellant is entitled to the payment of N7million being the balance of the contract;
• An order of special damages for breach of contract of the sum of N4million.

5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL ARE: