Abia State Transport Corporation & Ors V. Quorum Consortium Limited (2002)

LawGlobal-Hub Lead Judgment Report

OBADINA, J.C.A.

This is an appeal by the defendants/appellants against the judgment of Hon. Justice M. Oyetunde sitting at Jos High Court, Plateau State. The judgment was delivered on the 29th day of May, 1995 in favour of the plaintiff/respondent in suit No. PLD/J/153/95.

The appellants were the defendants, while the respondent was the plaintiff at the trial court. The respondent was a business consultant based in Jos. In July, 1992, the 2nd appellant engaged the services of the respondent for the procurement of foreign aid from the Japanese Government to enable the 2nd appellant import some vehicles and spare parts for use by the 1st appellant. See exhibit A attached to the affidavit in support of the application for writ of summons on the undefended list. According to the respondent, the respondent rendered the service in Jos and by delivery note dated 18th September, 1992, the 2nd appellant through its agent collected the original copy of the Japanese aid approval totalling 2 million U.S. Dollars (2,000,000.00 U.S. Dollars) by Japanese Government from the respondent in Jos. See exhibit B attached to the affidavit in support of the application for writ of summons on the undefended list. The respondent then demanded from the appellants the sum of 200,000. U.S. Dollars which was the agreed fees due to the respondent. When the appellants would not pay, the respondent instituted the suit leading to this appeal, against the appellants.

The claim which was brought under an undefended list reads as follows:-

The plaintiff’s claim is for:-

(1) The sum of 200,000 U.S. Dollars (N4,400,000.00) being charges for consultancy and sundry services rendered to the first defendant by the plaintiff.

(2) Interest at 21% on the said sum of 200,000 U.S. Dollars from the 1st day of October, 1992 until date of judgment and interest at the rate of 10% from the date of judgment until final liquidation of the debt.

(3) Cost of this suit.

With the leave of the lower court granted on the 29th day of March, 1995, the writ of summons was issued and served on the appellants out of the jurisdiction of the Plateau State High Court; namely, at Umuahia, Abia State.

After the service of the writ of summons under the undefended list on the appellants on the 27th day of April, 1995, the appellants on the 16th of May, 1995 filed their notice of intention to defend the suit with the accompanying affidavit at the High Court Registry, Umuahia, Abia State. The notice was later transmitted on the 22nd of May, 1995 to High Court of Plateau State Registry, Jos. On the 29th of May, 1995, the matter came up before the court for hearing. The plaintiff/respondent, represented by its Managing Director, Mr. E. A. Ofeimum was in court. The learned counsel for the plaintiff/respondent was also present. The defendants/appellants and their counsel were all absent.

The learned counsel for the plaintiff/respondent, Dr. Ameh (SAN) stated as follows:-

The defendants were served on the 27th April, 1995. They have not filed a memo of appearance and they have not filed any notice of intention to defend. In the circumstances, I urge the court to enter judgment in favour of the plaintiff under Order 23 rule 4 of the Rules of the High Court of Plateau State, 1987, in terms of the particulars of claim endorsed on the writ of summons and in accordance with the principles enunciated by the Supreme Court in Ben Thomas Hotel Ltd. v. Sebi Furniture Co. Ltd. (1989) 5 NWLR (Pt. 123) 523 at 529.

After considering the particulars of claim and the affidavit in support, the learned trial Judge stated inter alia as follows:-

The defendants were served on the 27th April, 1995. The defendants have not entered any appearance in this suit and did not file any intention to defend the plaintiff’s claim. Judgment is hereby entered in favour of the plaintiff in terms of the plaintiff’s particulars of claim. i.e. in the sum of 200,000. U.S. Dollars. i.e. (N4,400,000.00) being charges for consultancy and sundry services rendered to the first defendant by the plaintiff in September, 1992 and costs.