Mr. Innocent Ibe V. Mr. Stephen Ibhaze (2016)

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OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.

By a Writ of Summons and Statement of Claim dated the 1st day of March 2010, the Respondent, as Plaintiff before the lower Court, claimed the following:
1. The sum of N4,280,000.00 which the Defendant collected from the Plaintiff without consideration.
2. 20% interest P.A on the said sum from June 2009 until Judgment.
3. 10% interest P.A on the Judgment sum until Final liquidation.

In proof of his claim, the Respondent testified as PW2 and called one witness. He also subpoenaed the Principal Registrar attached to the Chief Magistrate Court, lbrahim Taiwo Road, Kaduna to produce some exhibits tendered at a criminal suit before that Court.

All the three Appellants testified in their defence. Upon conclusion of trial and the consideration of the parties’ written addresses, the trial Judge, Hannatu A.L. Balogun of the Kaduna State High Court, on 6/11/2011, entered judgment against the Appellants as prayed.

Dissatisfied with this decision, the Appellants filed a Notice of Appeal dated 8/7/2011, subsequently amended by leave of the Court on 5/10/15. The Amended

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Notice of Appeal, filed on 6/10/2015, contained 5 grounds of appeal.

The Appellants’ Counsel, V.A.B. Ewuzie Esq, in the Appellant’s Brief of Arguments, dated and filed on 5th October 2015, formulated 3 issues for determination, namely:
1. Whether the learned trial judge properly and adequately assessed and evaluated the evidence before her in arriving at the decision that the Respondent has proved his case beyond reasonable doubt.
2. Whether the learned trial judge rightly premised her judgment against the Appellant on criminal allegation of “scam” when there was no evidence that the Appellants were arraigned, prosecuted and found guilty of the alleged crime.
3. Whether the learned trial judge rightly awarded and granted to the Respondent (plaintiff in lower Court) 20% interest per annum on the sum of N4,280,000.00 (four million two hundred and Eighty thousand Naira) only being claimed where there is no evidence to that effect and against all known legal principles guiding award of interest.

A.B. lweka Esq, for the Respondent, in his Brief of Arguments, dated 19th November 2015, filed on 25th November but deemed properly filed by this

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Court on 16th February 2016, formulated, similarly,3 issues for the Court’s determination, namely:
1. Whether the Respondent proved his case at the Court below.
2. Whether the trial Court’s judgment was based on “scam” and whether the trial and conviction of the Appellants in a criminal trial is a condition precedent to the success of this suit.
4. Whether from the circumstances of this case the trial judge was wrong in awarding post judgment interest of 20% in favour of the Respondent.

The issues raised by both Counsel, I note, are similar. I shall adopt, as the issues that arise for determination, the 1st and 3rd issues raised by them, rephrasing them for succinctness, as follows:
1. Whether the learned trial judge properly and adequately assessed and evaluated the evidence before her in arriving at the decision that the Respondent has proved his case beyond reasonable doubt.
2. Whether the trial judge rightly awarded the Respondent 20%interest per annum on the judgment sum of N4,280,000.00

The 1st issue for determination is:
Whether the learned trial judge properly and adequately assessed and evaluated the evidence

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