Habib Bank Nigeria Plc V. Lodigiani (Nigeria) Ltd (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, (Delivering the Leading Judgment)

This appeal is from the decision of the High Court of Kaduna State contained in a ruling delivered on the 19/2/07 relisting the suit No KDH/KAD/809/05 on its cause list after it was struck out on application by the plaintiff, Respondent herein.

The Respondent had in both the writ of summons dated 30 11 05 and the statement of claim dated 20/2/2006 at page 2 and 11 respectively of the record of appeal, made the following claims against the Appellant-

“1. A Declaration that the Defendant is not entitled to the sum of N8,689.00 (Eight Million, Six Hundred and eighty Nine thousand Naira) being management fee commission and processing fee charged on the performance Bond dated 21st June, 2005.

2. A Declaration that the said fee charable is limited to the actual amount routed through the Plaintiffs Account No. 1301171503 operated with the Apapa Branch of the Defendants Bank.
3. Special Damages on the sum of N4,179,689.00 (Million, One Hundred and Seventy Nine Thousand, Six Hundred and eighty Nine Naira Only) been the refund on the Performance Bond payable to the Plaintiff.
4. General Damages on the sum of N50,000.000.00 (Fifty Million Naira) for anticipated loss of profit, breach of the mutual agreement by the parties and trusting of the speedy completion of the Plaintiff contract with ECOBANK Plc by the Defendants refusal to grant the Plaintiff on overdraft facility.”

After the exchange of pleadings by the learned counsel for the parties, the matter was set down for hearing on the 01/06/06 on which day, the following is the record of what happened as contained at page 40 of the record of appeal –

Iroajamma:- The matter is for proof, the defendant have filed a motion on notice we are not opposing. Parties are however discussing settlement. We therefore ask for a date for report of settlement.

Okechukwu:- That is the position. Before the Court is a motion seeking for the prayer as contained on the face of the motion paper. The plaintiff/respondent are not opposing, we therefore move in terms of our application and urge the court to grant our application as prayed.

Iroajamma:- No objection.

Court:- Application as brought and moved is granted and the matter is adjourned to the 20/06/06 for report of settlement.

Then on 20/6/06, the proceedings were as follows –

Iroajamma:- We are happy to inform the Court that parties have taken steps towards settlement and that the defendant have paid 80% or the claim. On account of this development we are humbly applying that this suit be struck out.

UDONIAH:- No objection.

Court:- Matter struck out based on the settlement.

The import of the above proceedings is that the parties had taken steps to settle the case and that Appellant had paid 80% of the Respondents’ claims as a result of which learned counsel applied to the High Court for the case to be struck out. In the concise order of the High Court. “The matter struck out based on settlement.”