R.A. Oliyide & Sons Limited V. Obafemi Awolowo University, Ile-ife (2018)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The appeal herein is against the judgment of the Court of Appeal, Ibadan Judicial Division delivered on 15th February, 2001. By the aforesaid decision, the lower Court held that, the plaintiff’s suit was incompetent and was accordingly struck out.

The Appellant herein, being dissatisfied with the judgment of the Court of Appeal, sought and obtained leave of the said Court and appealed against the judgment thereof.

FACTS RELEVANT TO THE APPEAL

The Appellant was the plaintiff at the High Court. It filed an action against the Respondent who was Defendant, seeking for declarations and monetary claim for breach of contract arising from a contractual relationship which hitherto existed between the Plaintiff and the Defendant.

In the course of proceedings before the trial Court, plaintiff/appellant amended its statement of claim. The defendant filed an original statement of defence denying the claim of the plaintiff. However, in the course of proceedings, defendant amended its statement of defence, hence an amended statement of defence was filed. The

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plaintiff replied to the defence filed by the defendant.

Upon being served with the Writ of Summons and Statement of Claim, the defendant without filing any defence, moved the Court vide an application challenging the competence of the plaintiff’s suit. The said application was duly argued and dismissed. It is not out of place to mention that the application filed by the defendant was anchored on a complaint that no pre-action notice was issued and served on the defendant before the filing of the action.

Being dissatisfied with the ruling dismissing the preliminary objection, Defendant/Respondent filed an appeal against that decision. The appeal was abandoned and was not pursued by the Defendant.

In proving its case, plaintiff called three witnesses and tendered various documentary evidence admitted as exhibits. Defendant on its part called four witnesses and also tendered documentary evidence which were admitted as exhibits.

The learned trial Judge, after taking addresses of counsel to the parties delivered its judgment whereby it found for the plaintiff.

Being dissatisfied with the judgment delivered on 22nd January, 1996,

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