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VINZ INTERNATIONAL NIGERIA LTD V. OLAKUNLE MOROHUNDIYA

(2009) JELR 49226 (CA)

Court of Appeal  •  CA/L/695/2006  •  7 May 2009  •  Nigeria

Coram
ISA AYO SALAMI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

ISA AYO SALAMI, J.C.A (Delivering the Leading Judgment): The plaintiff's claims per his writ of summons read as follows-

"(i) N21,500.00 cost of the Deskjet 695C Printer,

(ii) N2,000.00 per day from 20/12/99 till the day the printer's cost is refunded or the printer is replaced by the defendant,

(iii) N250,000.00 general damages for the inconvenience and psychological trauma suffered by the plaintiff."

The same is repeated in the statement of claim. Pleadings were settled at a statement of claim and amended statement of defence. The matter then proceeded to trial with the plaintiff and the defendant calling one and two witnesses respectively. Learned trial judge took speeches of both parties before delivering her reserved and considered judgment. Learned trial judge concluded the judgment as follows-

"I hold that the one year guarantee signed by Chinyere in her capacity as the Defendant's sales representative is binding on the Defendant having represented the Defendant in the sale.

It…

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