University Of Benin V. Kraus Thompson Organization Ltd. & Anr. (2007)

LawGlobal-Hub Lead Judgment Report

CLARA BATA OGUNBIYI, J.C.A.

This is an appeal against the final judgment of the Lagos State High Court delivered on the 20th of January 2000 by way of summary judgment under Order 11 of the High Court of Lagos State (Civil Procedure) Rules per Honourable Justice Y. O. Yusuph of the Ikeja Judicial Division.

At the lower Court, the plaintiffs’ claims against the defendant as spelt out at paragraph 20 of their statement of claim were as follows:-

“20. WHEREOF, the plaintiffs claim;

i. The sum of $26,289.82 (twenty-six thousand, two hundred and eighty nine U.S. dollars, eighty-two cents) being the outstanding payment on supply of books journals and periodicals made to the Defendant on credit.

ii. The sum of $413.00 (four hundred and thirteen U.S. dollars) being the outstanding payment on Invoice No. 6309 valued at $5,513.00 (five Thousand, five hundred and thirteen U.S. dollars for which the sum of $5,100.00 (five thousand one hundred U,S. dollars) were alleged to have been paid by the Defendant.

iii. Interest at 55% per annum from 1982 till judgment and 10% from judgment till final liquidation.

iv. Any further sums of amount of money that the court may find the Defendant liable and payable to the plaintiff in the course of the trial or at the end of the case.

v. Further reliefs.

vi. Cost of this litigation.

In a 14 paragraphs statement of defence at pages 35 – 37 of the record of appeal, the defendant at paragraph 14 in sum total averred and said:-

“14. WHEREOF the Defendant states that the plaintiffs are not entitled to any of the reliefs set out and claimed in paragraphs 20 (i) – (vi) of the statement of claim.”

Having exchanged pleadings, the appellant as the defendant by a motion dated 20th of February, 1998 brought an application challenging the jurisdiction of the trial court to entertain the respondents/plaintiffs’ suit.

The respondents filed a counter affidavit against the appellant’s application. By its ruling delivered on and dated 7th July 1998 the court dismissed the appellant’s application at pages 71 – 79 of the record of appeal. Meanwhile on the 8th of July, 1998, the respondents filed a summons for judgment under order 11 of the High Court of Lagos State (Civil Procedure) Rules (1994) on the ground that the appellant had no good defence to the claim of the respondents. The summons for judgment together with the affidavit and exhibits are all evidenced at pages 79 – 92 of the record of appeal.