General Law / Crime

Breach of contract: Court orders Akure trader to pay N16.5m

By abdulfatah Babatunde

An Akure High Court has ordered a trader, Lateef Aladesulu to pay N16,535,000 to Alhaji Ibraheem Shehu, the Serikin Shasha of Hausa Community in Oba-Ile, Akure in Ondo State, for breach of contract in a business transaction.

Alhaji Shehu Ibrahim, Serkin Shasha of Hausa Community, Akure and Claimant in the case

The trial judge in the civil case, Justice A.O. Adebusoye declared that the defendant owes the claimant N16,017,500 as cost of goods supplied to the defendant in March 2020.

The trial judge said Aladesulu bridged the contract by refusing to pay, after two weeks of receiving the goods, as promised.

Justice Adebusoye also awarded N200,000 in favour of the claimant as general damages and cost of litigation against the defendant.

“The claimant is entitled to general damages for breach of contract, at N1m, against the defendant.

“I also award 10 per cent interest per annum on the total judgment sum/debt of N16,017,500 from the date of this judgment until the defendant finally liquidates the judgment sum/debt,’’ Adebusoye ruled.

During the trial, counsel for the claimant, Mr Kehinde Ajayi, adopted his client’s written address. He told the court, how the defendant breached the contract agreement.

He submitted that the contract involved the sale of 601 bags of rice at the rate of N17,500 per bag. And 400 bags of beans at the rate of N15,000 per bag between the claimant and the defendant.

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The defendant collected the goods which he said he supplied to Nigerian Correctional Service through one Madam Bilikisu of Ado-Ekiti.

Shasha Market of the Hausa Community, Akure Ondo State

Ajayi said that the defendant breached the contract.

“A simple calculation of 600 bags of rice at N17,500 amounted to N10,500,000. And 400 bags of beans at a rate of N15,000 per bag amounted to N6,000,000.

“During the trial, the defendant admitted that he also collected a bag of rice outside the of the 600 bags of rice, for his personal consumption at the cost of N17,500,’’ he told the court.

The claimant’s counsel also submitted that a simple addition of N10,500,000 plus N6,000,000 plus N17,500, all equal to N16,517,500 only.

“During the trial, the claimant stated that the defendant paid him N500,000 on March 17, 2020, before the goods were taken away by him.

“The defendant had pleaded to pay the balance of N16,017,500 within two weeks after receiving payment from his customers.’’

 

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