Stay current and updated
with our rich newsletters
and articles
FRAUDULENT MISREPRESENTATION
SUIT NO: NSHC/SD/49/2020
BETWEEN: VERTEX AGRO LIMITED V. KUNLE ELECTRICAL COMPANY & ANOR.
We are pleased to have represented Vertex Agro Limited; one of the major Agro Allied Company in northern Nigeria in a contentious commercial litigation involving a Turn-key Project on an EPC basis for the supply and installation of 500KVA, 750KVA and subsequently a 1000KVA transformer respectively, before the Niger State High court, Suleja Judicial Division.
The contract between the Parties had prescribed a specification of either Aston or ABB transformer for use in the Company’s warehouse. The Defendants purporting to supply an ABB transformer, supplied a fictitious product masqueraded as an ABB.
In proving this fraudulent misrepresentation and breach of contract, the Plaintiff led uncontroverted evidence, including evidence elicited from an ABB representative, who disclaimed that the purported transformer supplied by the Defendants to the Plaintiff was fraudulently presented as an ABB product.
The Learned Trial Judge Coram, Danladi Ahmed J., acceded to the Plaintiff’s claim and awarded the full amount expended by the Plaintiff as indemnification and an addition N500,000.00 (Five Hundred Thousand Naira) only, as exemplary damages.
Our team was led by our Head of Dispute Resolution, Michael Jonathan Numa SAN, leading A.T Oderinde, Y.M Zakari and Olumide Makinde as part of the Consortium who represented the Plaintiff
#commeciallitigation #SAN #Highcourtsuleja #MJN #disputeresolution #Success
On duty of financial institution to reverse unauthorised debit on customer's account within seventy two hours of customers written notification.
2022-07-20
This article provides a comprehensive analysis of the transformative changes introduced by Nigeria's Arbitration and Mediation Act 2023, with a specific focus on Section 5. Drawing insights from the landmark Sakamori Construction v LSWC case and the preceding Arbitration and Conciliation Act 2004, the analysis navigates through the evolution of arbitration proceedings in Nigeria. By examining the transition from discretionary to mandatory referral to arbitration, the article elucidates Nigeria's pro-arbitration stance and its implications for legal practitioners, stakeholders, and the broader business community.
2024-05-10