Zartech Limited V. Olaogun Enterprises Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Oyo State High Court of Justice sitting in Ibadan delivered on the 13th day of August, 2009 in Suit No. M/344/2005.

The Suit in the Court below began by the Respondent herein filing an Originating Summons dated and filed on the 9/11/2005. Later on pleadings were filed, when the learned trial Judge transferred the matter to the general cause list. The Plaintiff now Respondent filed a Statement of Claim.

The Appellant who was the Defendant responded by filing a Statement of Defence. The suit was therefore heard on the Amended Statement of Claim dated and filed on the 27/6/08; and the Consequential Amended Statement of Defence dated the 16/10/2008 and filed on the 17/10/2008. By paragraph 18 of the Amended Statement of Claim, the Plaintiff/Respondent sought the following reliefs:

1. The sum of Nine Hundred and Five Thousand, Eight Hundred and Seventy-Two (N905,872.00) being the cost of effecting repairs on the demised premises in order to put it back to the condition it was after the execution and repairs with the sum of

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N1,060,000.00 which sum was deducted from the rents payable to the Plaintiff by the Defendant.

2. The sum of N100,000.00 per month as from the 1st January, 2005 until the filing of this action and thereafter the sum of N185,000.00 per month until judgment.
3. 10% interest per annum on the judgment sum until liquidation of the judgment debt.
4. Five Million (N5,000,000.00) naira being further and/or exemplary damages for the Defendant?s actions.

At the close of pleadings, the matter went to trial. At the trial, the parties called three (3) witnesses a piece. Written Addresses were filed and adopted. In a judgment delivered on the 13/8/2009, the learned trial Judge gave judgment for the Plaintiff/Respondent and granted part of his claims. The Defendant/Appellant is aggrieved by that judgment and has filed this appeal.

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The Notice of Appeal which is at pages 151 ? 154 of the Record of Appeal was dated and filed on the 30/10/2009. It consists of eight (8) Grounds of Appeal. In compliance with the Rules of this Court, the parties filed and exchanged Briefs of Arguments. The Appellant?s Brief of Arguments was undated but

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filed on the 8/6/2010. It was deemed filed on the 6/10/2016. Therein, three (3) issues were formulated for determination as follows:

(i) Whether the initiating process by the Respondent in this suit having been issued by O. J. Bamgbose & Co; a non-cognizable legal practitioner robs the trial Court of its jurisdiction to entertain the suit.

(Ground 1).

(ii) Whether the Respondent?s claim for the sum of N905,872.00 as special damages being the alleged cost of buying material, workmanship and miscellaneous expenses was properly pleaded and proved in line with the law regulating proof of items of special damages. (Grounds 2, 3, 4, 6 and 8).