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FRAUDULENT MISREPRESENTATION

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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