Godwin Nwaizugbo V. Daewoo Nigeria Limited (2016)

LawGlobal-Hub Lead Judgment Report

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

 This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Eket Judicial Division delivered by EBIENYIE J. on the 11th March, 2013.

The appellant had taken out a writ at the trial Court to seek redress against the respondent who had allegedly cheated him out of a contract they supposedly secured together. His sole relief as per the said writ of summons dated 16th May, 2008 is as follows:
The Plaintiff’s claim against the defendant is for the sum of N100m (One Hundred Million Naira) representing fair share of the profit and/or fair entitlement of compensation or commission due in favour of the Plaintiff’s company, GORDON BASE VENTURE (NIG.) to secure approval of defendant’s Work Plan for QIT Crude & Condensate Headers Interconnection Project And Tank 6704 Repair contract jobs for Mobil Producing Nigeria Unlimited in Ibeno sometime between December 5, 2003 and January 22, 2004.

?The suit was heard in a full trial which resulted in the judgment delivered as earlier stated on the 11th March, 2013 wherein the learned trial Judge

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found the appellant’s claim unsubstantiated and accordingly dismissed it.

Dissatisfied, the appellant filed a notice of appeal on the 4th June, 2013 containing 6 grounds.

At the hearing of the appeal, Mr. Anyanwu the learned counsel for the appellant adopted the appellant’s brief filed on 7th November, 2013 as the arguments of the appellant in this appeal.

For the respondent, Miss Igwe adopted its respondent’s brief filed on the 10th February, 2014 but deemed properly filed and served on the 2nd November, 2015 as the arguments of the respondent in this appeal.

The appellant formulated 3 issues which were adopted by the respondent. The said issues are as follows:
1. Whether the judgment of the trial Court was right and demonstrated a full consideration and proper evaluation and resolution of the issues joined in the pleadings as well as the evidence of the parties adduced before it.
2. Whether the trial Court was right to question the amount claimed by the plaintiff in the action and to also decline and/or fail to assess what the trial Court considered fair, reasonable and/or adequate damages in the circumstances of

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this case had the case of the appellant succeeded.
3. Whether the claims and the evidence of the plaintiff disclosed a legally cognizable wrong occasioned by the conduct of the defendant to entitle the plaintiff to the benefits of some remedy by the application of the “Ubi jus ibiremedium” principle and/or doctrine in the peculiar circumstances of this case.

Issues 1 and 3 are interwoven and shall be taken together. Their joint fate would determine the necessity to proceed with issue 2.

Arguing the two issues, Mr. Anyanwu submitted that the learned trial Judge failed to adequately consider the implications of Exhibits 3 and 4 and also failed to properly appraise the testimonies of PW1 and PW2 in the judgment especially as contracts could be oral. He referred to NIGERIAN DYNAMIC LTD v. AGUOCHA (2002) FWLR (Pt. 104) 630 at 660, EZEOGU v. GOLDMARK LTD. (2009) 6-7 NMLR 206 at 215-216 and BATALHA v. WEST AFRICAN CONSTRUCTION CO. LTD (2002) FWLR (Pt. 109) 1612-1628.