Nigerian Postal Services V. Insight Engineering Company Limited (2006)

LawGlobal-Hub Lead Judgment Report

IKONGBEH, J.C.A.

This is an appeal by the defendant against the judgment of the Federal High Court given at Ilorin on the undefended list. The respondent, as plaintiff before the lower court, had applied for a writ of summons on the undefended list in terms of its particulars of claim, which read:

“(a) A sum of N1,470,000.00 (One million, four hundred and seventy thousand naira) only being the outstanding indebtedness owed to the plaintiff by the defendant when sometime in 1993 the plaintiff executed various jobs for the defendant at the defendant’s request which said sum the defendant has failed, refused and neglected to pay inspite of repeated demands.

(b) Interest at the rate of 21% per annum from June, 1993 till the date of judgment and 10% post judgment interest until the total indebtedness of the defendant is finally and totally liquidated.”

In support of the application for the placement of the writ of summons, it filed a 35-paragraphed affidavit sworn by its Chairman. Paragraphs 1 – 8 of the affidavit were devoted to describing the parties as to their businesses and addresses. The crux of the plaintiff’s case was contained in paragraphs 9 – 34 in which the deponent swore:

“9. That vide letter dated 10/6/931 the defendant award (sic) a contract for the printing and supply of 1,000 copies of Form P9 to the plaintiff at a unit price of a N75.00 for a total sum of N77,000.00. Copy of the letter dated 10/6/93 is attached herein and marked as exhibit 1.

10. That vide a local purchase order (hereinafter referred to as LPO No. A00077 dated 22/7/93, the defendant requested the plaintiff to supply 1000 copies of P 12) at N75.00 each for a total sum of N75,000.00. Copy of LPO No. A00077 dated 22/7/93 is hereby attached and marked as exhibit 2.

11. That in a letter dated 26/7/93, the defendant also requested the plaintiff to supply various Law books to the defendant’s central stores at Malu Road Apapa totalling N250,000.00. Copy of letter dated 26/7/93 from the defendant to the plaintiff is hereby attached and marked as exhibit 3.

12. That on 22/7/93, the defendant also requested the plaintiff for the printing and supply of form P127 worth N75,000.00.

13. Similarly, vide LPO No. A00187 dated 18/8/93, the defendant awarded to the plaintiff the printing and supply of 1,000 copies of P3 at N75.00 each for a total sum of N75,000.00. Copy of the LPG dated 18/8/93 is attached herein and marked as exhibit 4.

14. In addition to the foregoing on 10/9/93 the plaintiff at the defendant’s request vide defendant’s letter of the said date furnished the office of the Secretary/Legal Adviser of the defendant with executive chair and table wherein the contract sum was N180,000.00. Copy of the defendant’s letter of 10/9/93 is attached herein and marked as exhibit 5.

15. Vide another letter dated 10/12/93, the defendant requested the plaintiff to supply Law library cabinet and other accessories worth N177,000.00. Copy of the letter dated 10/12/93 is attached herein and marked as exhibit 6.

16. The defendant, in addition to the above issued LPO No. 016710 dated 2/12/93, to the plaintiff for the general repairs and servicing of vehicles attached to corporate planning department of the defendant amounting to N209,690.00. Copy of LPO No. 016710 dated 2/12/93 is attached herein and marked as exhibit 7.

In another LPG No. A02030 dated 7/12/93, the defendant also requested the plaintiff to print and supply of letter headed papers, stickers, etc, at a total sum of N190,000.00. Copy of the LPG is attached herewith and marked as exhibit 8.