[1970]DLHC2089 • June 24, 1970 • High Court
BAAH LTD. vs. SALEH BROTHERS
The plaintiffs, Baah Ltd., claimed from the defendants, Saleh Brothers, the sum of N¢4,599.09 for goods supplied between September 1966 and July 1968. The defendants denied owing this amount, contending instead that they had overpaid the plaintiffs by N¢4,124.74 and counterclaimed for this sum. The dispute centered on the accuracy of the accounts and the legitimacy of charges related to goods supplied and expenses incurred in ordering goods via letters of credit.
read moreThe plaintiffs by their specially endorsed writ claim from the defendants the sum of N¢4,599.09, representing the value of goods sold to or bought for the defendants. The plaintiffs attached to their writ a statement of account giving details of goods supplied, the dates on which they were supplied and payments so far made by the defendants. The plaintiffs alleged in their statement of claim that these goods were delivered to the defendants between 1 September 1966 and 8 July 1968, at the request of the defendants who made part-payments leaving a balance of N¢4,599.09. This is the total amount of N¢27.70 and N¢4,4571.36 respectively, shown as the last two items at the bottom of the statement of account which was originally attached to the writ but tendered as exhibit A at the reference. The defence is a complete denial. The defendants averred that they were wrongly and unlawfully debited with the said sums of N¢27.70 and N¢4,571.36. The defendants further averred that they have r...