Brig-general B.a.m Adekunle (Rtd) V. Rockview Hotel Limited (2003)

LawGlobal-Hub Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.C.A.

The plaintiff claimed that sometime in early June, 1999, the defendant lodged in its premises and accumulated a bill of the sum of Six Hundred and Forty-Eight Thousand Naira (N648,000.00) only, resulting from room rate, food, beverages, telephone and other services. The defendant gave a written under-taking to the plaintiff’s general manager on the 24th of June, 1999. The defendant failed to keep to his promises of settling his outstanding hotel bills. The plaintiff’s general manager wrote a demand letter for the immediate payment of the outstanding bills to the defendant. Plaintiff averred further that the defendant in response to the letter written to him by its general manager gave the general manager a letter of authority to sell the defendant’s land located at Plot 2515 Asokoro extension Abuja and deduct whatever money the defendant was owing the plaintiff from the proceeds of the sale. However, on close scrutiny of the papers in respect of the land, it was discovered that the land had no Certificate of Occupancy. On 26th June, 1999, the defendant, it was further averred, handed over to the plaintiff’s general manger a note that the defendant wanted the plaintiff to present to the manager of Arab Bank Ltd. Apapa branch for payment of the debt owed by the plaintiff to the defendant. Upon contacting the said manager of Arab Bank Ltd. Apapa branch on phone, it was confirmed to the plaintiff’s general manager that the defendant did not have any money with the branch of that bank. Consequent upon that, the plaintiff instructed its solicitors to write officially demanding for the payment of the said debt by the defendant. Inspite of repeated demands, the defendant failed, neglected or refused to settle the said debt and that the defendant had no defence to the matter. The plaintiff took a writ of summons from the High Court of the Federal Capital Territory, Abuja (lower court). The claim indorsed on the writ and section 14 of the statement of claim reads as follows:

“WHEREOF the plaintiff claims the sum of two million Naira (N2,000,000.00) only against the defendant made up as follows:

(a) The sum of Six Hundred and Forty-Eight Thousand Naira (N648,000.00) only, being the cost of defendant’s room, food, beverages, telephone and other services while he stayed at the hotel;

(b) The sum of One Million, Five Hundred and Fifty-Two Thousand Naira (1,552,000.00) only, as general damages;

(c) The defendant also claims from the defendant (sic) interest on the sum of six hundred and forty-eight thousand Naira (N648,000.00) only at the rate of 21% per annum from 25th June, 1999 until final judgment and thereafter at the rate of 10% per annum on the judgment sum and until the final liquidation of the judgment debt and costs.”

The defendant denied almost all the allegations made by the plaintiff.

Learned counsel for the plaintiff applied for setting the suit down for hearing. Hearing commenced on 9th May, 2000 with the plaintiff calling one witness. On 23rd May, 2000 learned counsel for the plaintiff addressed the lower court. Judgment was delivered on 26th July, 2000 in favour of the plaintiff.

The defendant felt aggrieved with the lower court’s judgment and he appealed to this court on two grounds of appeal.

Parties filed and exchanged briefs of argument. Learned counsel for the appellant formulated two issues for determination:

“(i) Was the learned trial Judge correct in making an award of N500,000.00 as general damages in favour of the respondent against the appellant in the circumstances of this case?

(ii) Was the award of N645,000.00 on the footing of claims amounting to special damages justified when the items of damages were not specifically pleaded and particularized in the pleading and were not proved by cogent and credible evidence at the trial?”

Learned counsel for the respondent formulated his own issues as follows:

“1. Whether the respondent needs to prove during the trial, a fact that has been expressly admitted by the appellant as defendant?