United Parcel Service Ltd. V. Prince Obot Ufot (2005)

LawGlobal-Hub Lead Judgment Report

OMOKRI, J.C.A.

 This is an appeal from the decision of Okpo E. Okpo, J., of the High Court of Akwa Ibom State, sitting at Ikot Abasi in suit No. HAB/41/2000, delivered on the 14/7/2000.

The facts, which led this case on appeal, as disclosed in the record of proceedings are that on or about the 24/3/98, the respondent entrusted a parcel containing a motion for judgment and supporting affidavit to the appellant for transportation from Ikot Abasi to Lagos and for delivery at Guinness Nigeria Plc., No. 24 Oba Akran Avenue, Ikeja, for valuable consideration. The respondent paid the sum of N840.00 on Receipt No. R/N 0148590. The appellant failed or neglected to deliver the said parcel to Guinness Nigeria Plc. at Ikeja. Despite repeated demands by the respondent the appellant refused to furnish the respondent with proof of delivery of the said parcel.

Aggrieved by the conduct of the appellant, the respondent instituted proceedings in the High Court of Akwa Ibom State at Ikot Abasi claiming as follows:

“Whereof the plaintiff claims from the defendant for non-delivery of the said parcel by the defendant as a common carrier and bailee for reward as follows:

(i) General damages … N12 million

(ii) Interest at 21% per centum per annum from the date of the writ until judgment and thereafter at 21% per centum per annum until the judgment debt is finally liquidated.

And the plaintiff claims against the defendant N12 Million.”

The appellant was served with the respondent’s writ of summons together with the statement of claim indorsed on the writ. Subsequently, the respondent filed a motion on notice dated 23/5/2000 for an order entering final judgment in suit No. HAB/41/2000 for the amount indorsed on the writ and the statement of claim together with interest at the rate of ten naira per centum per annum until the judgment debt has been wholly satisfied. The respondent alleged that the appellant was served with the motion. The allegation was denied totally by the appellant.

On the 30/5/2000, the appellant filed a memorandum of appearance dated 19/5/2000. Again on the 22/6/2000, the appellant filed a motion dated 22/6/2000 praying for:

“(i) an order extending the time within which to file a statement of defence in this suit.

(ii) an order deeming the statement of defence already filed and served as having been properly filed and served.”

The motion is supported with a 6-paragraph affidavit and an annexture marked exhibit ‘A’ which is the proposed statement of defence dated 22/6/2000. See pages 7-13 of the record. The said memorandum of appearance, motion on notice praying for extension of time and statement of defence were served on the respondent, but he refused service. See pages 13 – 14 of the record. It is important to note that the above incidence took place before the court heard the motion for judgment.

Subsequently, the respondent moved his application for final judgment. The appellant was absent. See pages 15-16 of the record. The learned trial Judge delivered his ruling and gave judgment in favour of the respondent in the sum of N12 million as representing general damages with interest at 21 per cent per annum from the date of the writ until Judgment debt is finally liquidated.