BAN-NELSON NIGERIA LIMITED V. MORO LOCAL GOVERNMENT, KWARA STATE

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice M. A. Folayan, delivered on 31st March, 2005 wherein the learned trial Judge gave judgment for the Respondent and entirely dismissed the counter-claim of the appellant.

The respondent herein was the plaintiff at the trial court while the appellant was the defendant.

Briefly, the facts which gave rise to this appeal are as follows: The respondent and the appellant entered into an agreement under which the appellant was to repair four vehicles for the respondent. Upon the repair, the said vehicles were to be put into commercial use under the management of the appellant. A written contract specifying the expenses on the repairs, servicing and maintenance of the vehicles upon repair as well as the sharing formula of the earnings on the running of the vehicles, inter alia, was duly entered into between the parties. Sequel to the execution of the contract, the appellant repaired three of t…