Gabriel C. Ideh V. Mr. D.O. Onyejese & Anor. (1997)

LawGlobal-Hub Lead Judgment Report

IGE, J.C.A. 

In the court below the respondents as plaintiffs took out a Writ of Summons against the appellant in suit No.AG/7/91 claiming in their 42 paragraphs Amended Statement of claim as follows:-

“1. An order setting aside the spurious document titled:

“Deed of Assignment dated 12th day of December, 1989” purported to be executed between the plaintiffs and the defendant on grounds that:

(a) It contravenes and offends the provisions of the Money Lenders Law, Cap. 100, Volume IV, Law of Bendel State of Nigeria, 1976.

(b) The purported agreement and security therein specified and the entire transaction are usurious, harsh and unconscionable.

(c) The purported transaction is spurious and fraudulent having regard to the circumstances of this case.

2. A declaration that the said “Deed of Assignment” dated 12th December, 1989 is illegal, unenforceable null and void and of no effect whatsoever.
3. An order compelling the defendant to release forthwith the 1st plaintiff’s Peugeot 404 Pick-Up Vehicle with Index No. 6827 GB with Engine and Chassis Nos. 10001796 respectively and all documentary particulars related thereto.
4. An order compelling the defendant to release forthwith the 2nd plaintiff’s two cold-rooms and/or Refrigerators documents as securities for the said loan which the 2nd plaintiff has fully and finally paid to the defendant.
5. Payment of N300.00 (Three hundred Naira) per day from the date of the wrongful seizure and detention of the vehicle No. BD 6827 GB that is from 2/3/90 until the day of judgment in this suit or until the vehicle is released to the 1st plaintiff.
6. N10,000.00 (Ten thousand Naira) being general damages for wrongful seizure and detention of the plaintiffs’ said goods. DATED AT AGBOR, this 10th day of October, 1991.”

The defendant/appellant also filed an amended Statement of Defence containing 24 paragraphs wherein he denied all the 42 paragraphs of plaintiff/respondents’ Statement of Claim with the exception of paragraphs 1 & 2. His Amended Statement of Defence ended up in paragraph 23 with the following contentions:

“(a) Plaintiffs are not entitled as claimed on paragraphs 35 to 42(1) (2) (3) (4) (5) and (6) or at all:

(b) This suit be dismissed in that it is scandalous, frivolous and abuse of process.

(c) The defendant is not guilty of any offence cognisable in law to warrant the grant of the prayers sought and same is deserving of an outright dismissal.

DATED AT AGBOR THIS 5TH DAY OF NOVEMBER, 1991.”

Before the hearing began in the case the parties filed several applications to which the learned Trial Judge delivered various Rulings. When the case proceeded to trial parties also filed various applications including an originating summons and an application for the committal of the defendant/appellant. The commissioner of Police, Delta State, The Attorney-General Delta State and Peter Mordi (Alias Able Dealer) to prison for their contempt of court upon the grounds set forth in the schedule subjoined hereunder.

Schedule