Integration (Nigeria) Ltd V Zumafon (Nigeria) Ltd (2014)

LAWGLOBAL HUB Lead Judgment Report

MARY PETER-ODILI, J.S.C.

This is an appeal against the Ruling of the Court of Appeal, Enugu Judicial Division delivered on 22nd September, 2004 wherein it ordered the appellant to pay the judgment debt of Eight Million Naira (N8, 000,000.00) with ten thousand naira (N10,000.00) costs.

FACTS BRIEFLY STATED

The suit originated at the Enugu High Court on the 30th day of July, 1999 where the plaintiff now respondent brought an action against the defendant now appellant seeking the following reliefs:

(a) Specific performance of the contract between the plaintiff and the defendant dated 27th August 1998.

(b) An order of Perpetual Injunction restraining the defendant from purchasing and laying or utilizing 150mm ductile iron delivery pipes or any other type or size of pipes for water supply at the University of Nigerian Teaching Hospital, Ituku Ozalla, Enugu from any other source or source(sic) whatsoever other than from the plaintiff or in the alternative;

(c) N6,596,285.00 as loss of profit flowing directly from the defendant’s breach of the said contract as against what was mutually agreed.

(d) N30,000.00 as general damages for breach of contract.

On the 1st of April, 2003 Judgment was entered in favour of the plaintiff now respondent for eight million naira as general damages. The defendant appealed to the Court of Appeal and also filed a motion for stay of execution exhibiting the Notice and Grounds of Appeal.

The motion for stay of execution was granted on the 11th day of April 2003 in favour of the defendants as follows:

“The judgment debt of (N8, 000.000.00) (Eight Million Naira” with N10,000 (Ten Thousand Naira) cost should be paid into an interest Yielding Account with the First Bank of Nigeria Plc. Okpara Avenue Enugu in the Name of the Assistant Chief Registrar, High Court Enugu and the party that eventually wins in the appeal should collect the money with the interest on it.”

The defendant not happy with the terms of the stay of the execution order appealed by way of motion on notice to the Court of Appeal, Enugu Division to have the condition for stay of execution reversed. The appellate court refused the application and stated as follows:

“Generally, this court will sparingly interfere in the exercise of discretion of the lower court. On the whole we are not satisfied that there are special circumstances or sufficient materials placed before this court to warrant reviewing the condition for stay ordered by the lower court. It is refused. The order of the lower court ought to be carried out to the letter and also immediately in the circumstances of this case.”

The defendant not satisfied once again has appealed to the Supreme Court seeking that the order of the High Court of Enugu State as affirmed by the Court of Appeal be reviewed.