JCW

[Sale of defective “steel bars” does not meet the requirement of “Grade 500”, the sampling of “underspec steel bars”] Justin was the counsel for the appellant/defendant. In allowing the appeal with costs against the claim by the Respondent/Plaintiff for the supply of Steel Bars. The Court of Appeal held inter alia as follows:- (i)The conclusion of the trial court that the respondent had “fulfilled their obligation” and had a “legitimate claim” was diametrically and wholly against the weight of the evidence; (ii)The respondent cannot complain that the appellant did not raise any issues within 7/14 days from the Invoices/delivery order when the respondent failed to comply with the primary obligation to supply steel bars according to the required specification; (iii)The steel bars sampled did not meet the requirement of “Grade 500” where the 4 test results do not support this; (iv)The appellant would be suffering further loss and damages by reason of the defective steel bars, hence judgment for the appellant in the counterclaim ought to be given.