KUTIGI, JSC (Delivering the Lead Judgment): In the Kaduna High Court, the plaintiff’s claims against the defendant read as follows:-
“1. Perpetual injunction restraining the defendant, its servant, or agents or other officers acting on its behalf from disposing of by sale or otherwise the equipment.
2. Damages.
3. Specific performance of agreement of installation of equipment i.e., Parker 5245/4 crushing plant combination Foden model dump truck BD 440 generating set Spare parts for crushing plant at the Kaduna Quarry site of the plaintiff by the defendant or in the alternative refund of all monies paid by the plaintiff to the defendant on the said equipments.”
Pleadings were filed and exchanged between the parties and the case proceeded to trial. At the trial, the plaintiff called two witnesses while the defendant called only one witness. After hearing evidence from both sides and the addresses of their counsel, the trial court adjourned for judgment. In a considered judgment delivered …