Alhaji Aliyu Mohammed Gani V. United Bank for Africa (2000)

LawGlobal-Hub Lead Judgment Report

ZAINAB ADAMU BULKACHUWA, J.C.A 

By a writ of summons dated 28th October, 1997 supported by an affidavit sworn to by Gloria Nwosu a litigation secretary in Liberty Chambers, Minna, Solicitors to the plaintiff on 4th November, 1997, the plaintiff claimed against the defendant as follows:

The plaintiff claims against the defendant in the following terms –

1. The sum of Two Million, Eight Hundred and Twenty-Two Thousand, Four Hundred and Eighty-Six Naira, Eighty-Four Kobo (N2,822,486.84) as at August, 1997 being the amount of money due and payable by the defendant to the plaintiff for the loan granted and disbursed to the defendant evidenced by Deeds of Legal Mortgage dated 16th November, 1984. Registered as 42/42/32 and 18th December, 1984 Registered as 65/65/32 miscellaneous respectively at Lands Registry office, Ilorin which the defendant refused and neglected to pay back despite repeated demands.
2. 21% interest per annum from 30th September, 1997 till the date of judgment and 21% interest per annum on the judgment debt until the debt is fully liquidated.
3. Substantial costs of this action.

The defendant then filed a notice of intention to defend the action supported by an affidavit dated 8th December, 1997.

The trial court on 11th December, 1997 heard the parties on whether or not the case should be heard on the undefended list and ruled that the defendant has a defence to the matter that the case cannot be treated on the undefended ’cause list’ and the defendant should be allowed to defend the case.

On the issue of jurisdiction raised the trial court ruled that it had no jurisdiction to entertain the matter and referred the case to the Chief Judge for his further necessary action.

On 16th February, 1998 solicitors to the respondent wrote to the court in the following terms:

“We are solicitors to the plaintiff herein before mentioned. Pursuance to Her Lordship’s ordered of 11th November, 1997 (sic) we hereby apply for the transfer of the case file to His Lordship, Honourable Justice Jibrin Ndatsu Ndajiwo (Chief Judge) to enable him confirm “special jurisdiction on her Lordship”.

The letter was minuted to the trial Judge by the court’s Registrar and she replied thus:

“Officer in-charge refers the ‘special jurisdiction’ referred officer-in-charge is hereby set aside. This court is resuming jurisdiction in the matter by powers conferred under Order 47 of the HCCPR. Summon case for re-mention against 19th March, 1998”.

The case came up before the court on 14th May, 1998, both parties were absent and Mohammed the respondent’s counsel who was then the only counsel before the court moved an application dated 20th April, 1998 praying the court to set aside its decision of 11th December, 1997, which prayers the court granted.

On the 26th day of October, 1998 the court heard an application dated 27th July, 1998 that the case be placed on the undefended list, granted the application on 25th November, 1998 giving judgment to the plaintiff in the sum of N250,000 (Two Hundred and Fifty thousand Naira) and 21% interest per annum on the said sum from 30th September, 1997 till the liquidation of the judgment sum. A judgment order was drawn up on 25th November, 1998 on the above judgment.

At page 73 of the record on the same day the court on an ex-parte submission by Mohammed, counsel to the respondent corrected a supposed slip in its earlier judgment and rewrote it thus:

“The defendant in the case therefore have no defence (sic) to the action and this is a proper case as Mr. Mohammed has said to be placed under the undefended list. It is hereby so placed and judgment is hereby given for the plaintiff to the tune of N250,000.00 (Two Hundred and Fifty Thousand Naira) he collected plus interest which as at 31st August, 1997 stood at Two Million, Eight hundred and Twenty-Two Thousand Four Hundred and Eighty-Six Naira Eighty-Four kobo (N2,822,846.84k). And he should pay from September 30th, 1997 till judgment debt finally liquidated”.