1. SAVE AND EXCEPT as is herein expressly admitted, the defendant denies each and every allegation of fact as contained in the Plaintiff’s Statement of Claim as if each were set out and traversed seriatim.
2. The defendant admits paragraphs 1, 2, 4 and 5 of the Statement of Claim.
3. The defendant denies 4 of the statement of Claim and avers that the terms of the contract included an express term at clause 6 that the 500 tons of cashew nuts to be supplied must be of merchantable quality.
4. The defendant admits paragraph 6 of the Statement of Claim but avers that in response a letter dated the 1st day of June 2006 was sent to the plaintiff informing her of the decision not to pay the balance of the contract as agreed since the goods supplied were substandard.
5. The defendant entered into another contract with Best Agrics Limited dated the 20 day of September 2001 for the supply of 300 tons of good and standard cashew nuts worth N7, 000,000.00 to replace the sub-standard cashew nuts supplied by the plaintiff.
6. The defendant therefore claims that the plaintiff’s claim be dismissed with cost as it lacks merit.

COUNTER-CLAIM

7. The defendant avers that on the 30 of January 1999, it entered into a legalmortgage with the plaintiff where it loaned the sum of N50 million only to the plaintiff on the security of a house at No. 15 Jose Street Maitama Abuja worth N52 million.
8. The legal mortgage’s due date for the redemption of the mortgage was on the 22 day of February 2000.
9. The defendant has delivered a Notice of Intention to sale the mortgaged property dated the 15 day of March 2000 to the plaintiff with no response nor repayment of the total sum of the loan and interest been made by the plaintiff.
10. The loan sum of N50 million has been has been partly paid with a balance of N3, 000, 000.00 only.
11. The defendant claims as follows:
    
    1. An Order attaching the mortgaged property at No. 15 Jose Street Maitama Abuja for sale to secure the balance of N3, 000, 000.00 on the legal mortgage.
    2. Grant of special damages to wit:
       
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       1. cost of paying agent fee to the sale of the property N100, 000
       2. cost of postage of the notice of Intention to sale the N20,000 mortgaged property to the plaintiff
       3. interest of 30 percent on the balance of the loan sum N400, 000
       4. Total N520, 000
    3. Cost of maintaining this action.

DATED THIS …………….DAY OF ……………………………..2006