Before Their Lordships
KAYODE ESO Justice of The Supreme Court of Nigeria
UWAIS Justice of The Supreme Court of Nigeria
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
KAZEEM Justice of The Supreme Court of Nigeria
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Between
HENRY STEPHENS ENGINEERING CO. LIMITED (APPELLANT)
v.
COMPLETE HOME ENTERPRISES NIGERIA LIMITED (RESPONDENT)
…………………….A…………………….
Uwais, J.S.C. In this case both the appellant and the respondent have appealed from the decision of the Court of Appeal. Their appeals were dismissed on 20th October 1986 with no order as to costs and we reserved our reasons for the dismissals till today. I now give my reasons.
The appellant was the plaintiff in the High Court of Lagos State sitting at Ikeja, while the respondent was the defendant to the action which was brought by the plaintiff on the 19th April, 1977. I will for ease of reference, henceforth refer to the appellant a plaintiff and the respondent as defendant. The plaintiff’s claim was as follows-
“The plaintiff’s claim against the Defendant is for the sum of N28,082.65 being balance of cost of various Machines sold and delivered to the Defendant at its own request by the Plaintiff in Lagos during this period 31st January, 1975 to 22nd August, 1975 as per the invoices Nos.4411 of 31/3/75, 4658 of 19/4/75, 4765 of 21/5/75, 4809 of 5/6/75, 5351 of 9/7/75 and debit note No. 365 of 22.8.75 respectively. The plaintiff also claims interest on the said balance at 10% per annum from March, 1976 until judgment debit and costs.
The Defendant has refused and or neglected to pay the said sum of N28,082.65 despite repeated demands.”
Pleadings, which were ordered by the trial court, were filed and served. The defendant made the following counterclaim in its amended statement of defence-
“11. Whereof the Defendants Counterclaim-
(1) For the sum of Fifty four thousand, six hundred and seventy six Naira, twenty five kobo (N54,676.25) as special damages.
(2) General damages at the rate of N2,000.00 per month from the 9th of July, 1975 till date of judgment or replacement by new crane.
(3) Replacement of the faulty crane by a new one or in the alternative refund of N66,443.33 already paid to the plaintiffs by the Defendants for the faulty crane.”
