Government Of Rivers State & Anor. V. Barnax Engineering Company Nigeria Limited (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivered the Leading Judgment)

This is an appeal against the Ruling of his lordship, Honourable Justice H. Muktar of the High court of the Federal Capital territory, Abuja (as he then was), delivered on 25th October, 2005, wherein judgment in the sum of N186, 365,852.99 (One Hundred and Eighty-Six Million, Three Hundred and Sixty-Five Thousand, Eight Hundred and Fifty-Two Hundred, Ninety-Nine Kobo) was entered against the defendants under the undefended list procedure as per the plaintiff’s claim endorsed on the writ of summons.

The Respondent, who was the plaintiff at the High Court, instituted an action against the Defendants (now Appellants) under the undefended list procedure, claiming the following reliefs:-

1. The sum of N185, 688,938.92 (one hundred and eighty-five million, six hundred and eighty-eight thousand, nine hundred and thirty-eight naira, ninety-two kobo) being the principal outstanding balance for the supply of four (4) units of princess 330 cruise boats to the defendants.
2. N676, 914.07 (six hundred and seventy-six thousand, nine hundred and fourteen naira, seven kobo) only being the balance for the supply of generating plant to the defendants.
3. Whereof the plaintiff claims a total of N186, 365,852.99 (One Hundred and Eighty-Six Million, Three Hundred and Sixty-Five Thousand, Eight Hundred and Fifty-Two Naira, Ninety-Nine Kobo).

On the 25th of October, 2005 when the matter came up for hearing, the Defendants represented by Ayo Adewole, who was holding the brief of the Attorney General, sought for adjournment to enable him come properly before the Court. This application was opposed by Mr. Uche, Counsel for the Plaintiff/Respondent, who argued that the matter having been brought under the undefended list, that the only option open to the Court was to enter judgment in favour of the Plaintiff, the Defendants having not filed a Notice of Intention to defend the suit (see page 67 of the Record).

The Court upholding the submission of Mr. Uche for the Plaintiff accordingly entered judgment in favour of the Plaintiff as per its writ of summons.

The Defendants/Appellants are aggrieved by this ruling and have appealed to this Honourable court, vide a notice of appeal, dated 26th October, 2005 and filed on the 28th October, 2005. The Defendants/Appellants have filed a lone ground of appeal and have raised a lone issue for determination in this appeal.

The ground of appeal, without its particulars is hereby reproduced:-

GROUND OF APPEAL

The learned trial Judge erred in law by assuming jurisdiction in the suit when the Defendants/Appellants live and carry on business in Port-Harcourt, Rivers State and the transaction; subject matter of this suit took place in Port-Harcourt, Rivers State.

In compliance with the rules and Practice of this Court, parties filed and exchanged briefs of argument.

In the Appellants’ brief settled by I.R. Minakiri, (Mrs.), Director of Civil Litigations, Ministry of Justice, Port-Harcourt, Rivers State, one issue was raised for determination of the appeal to wit:-

”Whether the High Court of Abuja had the requisite jurisdiction to entertain and adjudicate on this suit.”

The Respondent’s brief settled by A.U. Osunwa, Esq., also formulated a lone issue for determination to wit:-

”Whether the High Court of Abuja had the jurisdiction when it adjudicated on this suit.”