The Jurisdiction of Federal High Court: Is Onuorah v KRPC Ltd a correct decision?

Abstract

INTRODUCTION

As distilled from the law report, the facts of Onuorah v Kaduna Refining and Petrochemical Co. Ltd, (A subsidiary of Nigerian National Petroleum Corporation)¹ are that the appellant (plaintiff at the trial court) entered into a contract to purchase specified number of empty tins from the respondent (defendant at the trial court), at an agreed amount and payment of the agreed sum was made. But before delivery was made to the appellant, the respondent had increased the price. The appellant was duly informed of the new price and was requested to pay the difference between what he had paid and the new unit price. The appellant refused, insisting that the respondent was bound to deliver to him the quantity he had ordered at the price agreed by the parties. This constituted the cause of action of the appellant who commenced an action at the Federal High Court, Kaduna, against the respondent claiming as follows:

1. a) An order of court declaring the purported price increase/review of the 18 litres empty tins by the defendant from N25 to N40 with effect from 10/5/93 as not affecting the plaintiff who paid for his own empty tins much earlier than the commencement date of the price increase/review.
2. b) An order of specific performance directing the defendant to issue/supply the plaintiff with the remaining 17,012

pieces of the 18 litre empty tins not later than 30 days from the date  of judgement.

1. c) N1,000,000 general damages from the defendant to the plaintiff for the breach of the arrangement/agreement between him and the defendant.