Pan Afican Int. Incorporation & 2 Ors V Shoreline Lifeboats Ltd & Anor (2010)

LAWGLOBAL HUB Lead Judgment Report

F.F. TABAI, J.S.C.

This is an appeal against the judgment of the Lagos Judicial Division of the Court of Appeal delivered on the 19th of June 2003. The Appellant who were the 2nd, 3rd and 4th Defendants were also the 2nd, 3rd and 4th Appellants respectively at the Court below. The Plaintiff, SHORELINE LIFEBOATS NIGERIA LTD, was the sole Respondent at the Court below and the 1st Respondent herein. And the 2nd Respondent herein INTERNATIONAL OFFSHORE CONSTRUCTION LTD was the first Defendant.

The action itself was commenced at the Federal High Court, Lagos about the 9th of February, 1999 when the writ of summons was issued. Pleadings were filed, exchanged and amended. In paragraph 15 of the Amended Statement of Claim the Plaintiff/1st Respondent claimed from the Defendants jointly and severally.

(i) The sum of US$404,000.00 (four hundred and four thousand United States Dollars or the equivalent in Nigeria Naira being total amount due to the Plaintiffs from the Defendants’ use of the Plaintiff’s Liftboats known as “Shoreline VII” and four which use the Defendants have refused, failed and neglected to pay despite several demands from the Plaintiffs.

(ii) The sum of N1,000,000.00 being solicitors fees already incurred by the Plaintiffs as a result of the failure of the Defendants to pay for the use of the Plaintiff’s Liftboat known as “Shoreline VII” as aforesaid.

(iii) Interest at the rate of 21% per annum on the above total sum from 19th May 1997 date of judgment and thereafter at the rate of 8% per annum until the entire judgment debt and costs are liquidated.

On the 2nd of March 2000 the only witness in the case, Commodore Salaudeen Akanni (Rtd) testified and concluded his testimony. It is instructive to note that from the 9th of February 1999 when the Writ of Summons was issued to the 2nd of March 2000 when the sole witness commenced and concluded his testimony INTERNATIONAL OFFSHORE CONSTRUCTION LTD., remained the only defendant.

By a motions dated 21st of March 2000 but filed on the 24th of March 2000 the Plaintiff/1st Respondent sought the joinder of the 2nd, 3rd and 4th Defendant/Appellants and amendment of the statement of claim. This motion was heard and granted on the 6th of June 2000. On the 9th of November 2000 Chief B. A. Ayorinde addressed the Court and the matter was adjourned for judgment.

In a motion dated the 13th of December 2000 the 1st Defendant/Appellant sought:

1. An order arresting of fore-bearing the reading, rendering given or pronouncement of the ruling or judgment order to decree in respect of this matter in that the Defendant was not or has not been served with any processes in this matter.
2. An order directing the Plaintiff/Respondent or their counsel; if represented by counsel to serve all processes in this suit on counsel to the Defendant/Applicant forthwith.

On the 14th of December this motion was argued. The application was however refused. In refusing the application the trial court relying on BOB-MANUEL V. BRIGGS (1995) 7 NWLR (Part 409) 537 at 592 held that the procedure for the arrest of a judgment was alien to our Civil Procedure Rules. In the concluding part of the ruling the trial court said:-

“It is trite that the jurisdiction of a Court can only be exercised in accordance with the Rules and Procedure. On the above premise I hold that the present application seeking to arrest the judgment of this Court fixed for today in the above mentioned suit is incompetent and is accordingly struck out.”

The Court then proceeded to read the judgment wherein all the reliefs as claimed were granted.

Dissatisfied with the said judgment, the Defendant went on appeal to the Court below. By the unanimous judgment on the 19th of June 2003 the appeal was dismissed and the judgment of the trial court affirmed.

The Defendants are still aggrieved by the judgment of the lower court and have come on appeal to this Court. The parties, through their counsel settled, filed and exchanged their briefs of argument. The Appellant’s Brief of Argument was prepared by A.M. Makinde and it was filed on the 8th of January, 2009. The brief of the Respondent was prepared by S. E. Elema of the firm of B. Ayorinde & Co and same was filed on the 26th of March, 2009.