Petroleum (Special) Trust Fund V. Fidelity Bank & Ors (2021)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. 

The instant appeal is an out-flow of the judgment of the Court of Appeal, Abuja Judicial Division, holden at Abuja, delivered on December 14, 2006 in appeal no. CA/A/43/05. By the judgment in question, the Court below, coram I. T. Muhammad, JCA (now CJN), Adekeye, JCA (later JSC), and Uwa, JCA, affirmed the ruling of the trial FCT High Court delivered on October 12, 2004, thereby striking out the Appellant’s suit (NO. FCT/HC/CV/931/2002) and the Respondent’s counter-claim, for lack of jurisdiction.

BACKGROUND FACTS

The facts and circumstances surrounding the appeal are gleanable from the record of appeal, transmitted 10 this Court on July 14, 2009. The suit was instituted by the Appellant in the trial Court vide a writ of summons. By the statement of claim thereof, dated August 29, 2002, the Appellant claimed against the Defendant (FSB International Bank PLC) the following reliefs:

​a). The sum of N33,065,868.70 being Advance payment to RAFS Limited for the execution of National Rural Water Supply in Rivers State Lot RV 31A for a totaled contract sum of N66,131,737.56.

b). The plaintiff further claims from the Defendant interest of 100% on the judgment sum and the cost of this action until payment of the entire sum guaranteed (N33,065,868.70) plus the cost and interest therein.

​

Interestingly, the case took a dramatic turn. On 17/07/2003, the Defendant filed a notice of preliminary objection, thereby seeking an order “striking out this suit for want of jurisdiction.” The preliminary objection was predicated upon two grounds:

1. “The suit has not been commenced in the proper forum.
2. The plaintiff lacks the locus stand to institute the action.”

By the statement of defence thereof, the 3rd and 4th Respondents (3rd and 4th Defendants’) not only denied the Appellant’s claim in toto, but equally counter-claimed and thereby sought against the Appellant the following reliefs:

a). AN ORDER directing the plaintiff to issue to the 3rd Defendant forthwith a completion certificate, being the agreed acknowledgment of completion of the extent of work for which the 3rd Defendant was mobilized.

b). AN ORDER awarding special damages to the 3rd Defendant in the sum of N33,065,868.68 for breach of contract.

c). The cost of this action

By the amended statement of claim, dated 01/12/2003, the Appellant claimed against the Respondent (Defendants) jointly and severally:

a. The sum of N33,065,868.70 being advance payment to the 1st Defendant for the execution of the National Rural Water Supply in Rivers State Lot RV.31A, for a totaled contract sum of N66,131,737.56.