Union Dicon Salt Plc V. Abdulrasheed Nasiru (2008)

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ADZIRA GANA MSHELIA, J.C.A.

This is an appeal by the plaintiff/appellant against the judgment of Alogba J, sitting at the Lagos High Court Ikeja delivered on the 9th June, 2005.

The appellant was the claimant and defendant to the counterclaim at the lower court. While the Respondent was the defendant and counter-claimant. The appellant’s case is that between 2nd June, 1998 and 18th December 1998 the appellant sold and delivered on credit to the respondent at the respondent’s request various consignments of goods. As at 4th February, 1999 the respondent was indebted to the appellant in the sum of N1, 640, 000.00 being balance outstanding on the goods sold to the respondent. Appellant filed this case claiming for the amount outstanding, plus interest.

The respondent admitted the claim of the Appellant but counter-claimed from the appellant for unlawful seizure and detention of his vehicle used by him to transact his business. Respondent also counter-claimed for loss of profit expected from the use of his vehicle and the cost of the repairs affected on the vehicle after its release by appellant. The counter-claim appeared at page 7 of the record. See paragraph 13 of the statement of defence.

The appellant did not call any evidence in support of its claim but called two witnesses in its defence to the counter claim. The respondent called five witnesses including respondent himself and also tendered some documents admitted as exhibits by the court (Exhibits ‘D1’ – ‘D2’), in support of his counter-claim. At the end of the trial the learned trial Judge in a considered judgment gave judgment to the appellant in terms of the counter-claim.

The appellant being dissatisfied with the judgment on the counter-claim lodged his appeal to this court. The Notice of Appeal dated 20/06/05 was filed on 12/07/05 containing three grounds of appeal. Appellant sought and obtained leave on 4/06/07 to amend his notice of appeal. The amended Notice of Appeal was filed on 6/06/07 containing 8 grounds of appeal.

Pursuance to the Practice and Procedure of this court, briefs of argument were filed and exchanged by respective counsel. On 13/02/08 appellant sought and obtained leave of this court to file appellant’s brief out of time and same was deemed properly filed and served.

When the appeal came up for hearing on 30/4/08 appellant’s counsel Emeka Ukachi adopted appellant’s brief of argument, while respondent’s counsel Babatunde Osikoya adopted respondent’s brief filed on 5/03/08.

Out of the 8 grounds of appeal appellant formulated 6 issues, while respondent formulated two issues for determination in this appeal.

I have earlier stated that the notice of appeal initiating this appeal is dated 20th June, 2005. Same is contained at pages 364 – 367 of the printed record. I have carefully studied it and observed that it was signed in the name of a firm of solicitors. It is signed thus:

“PP

S.I. AGU & CO.

APPELLANT’S SOLICITORS

15, CATHOLIC MISSION STREET