Frazimex Nig. Ltd & Anor V. Doatee Concepts Nig. Ltd. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice, Rivers State in the Port Harcourt Judicial Division, Coram M.W. Danagogo (J) delivered on the 3rd day of October, 2008 whereby judgment was entered under the undefended list procedure in favour of the Respondent wherein the learned trial judge held thus:

“In conclusion and for the reasons I have given above, I hold that the claimant is entitled to judgment for the sum of N8,305,000.00 being debt owed it by the 1st and 2nd Defendants. I shall therefore give claimant judgment for this sum Pursuant to order 35 Rule 4 of the Rules of this Court, 10% interest per annum on the judgment sum from today 3rd October, 2008 until the judgment sum is paid.

Claimant’s claim for N1,500,00.00 is however incompetent as cost is at the discretion ,of the court. I shall therefore assess cost at N100,000.00 against the 1st and 2nd Defendants in favour of the claimant.”

The Respondent was the claimant whilst the Appellants were the Defendants in the Court below. The claimant commenced the action appealed against under the undefended list procedure by filing 2008 wherein it claimed a writ of summon on the 9th April, 2008 wherein it claimed thus:

The Claimant’s claims against the Defendants are as follows:

“(a) The sum of N8,305,000.000 (Eight Million, Three hundred and Five Thousand Naira) only being unpaid Invoices for,services rendered per Agreement, to wit: Hire of (NISCO 8) 800 Ton Barge, Thus:

MONTH/ YEARS AMOUNT (N)

December 2006 1,705.000.00

January 2007 1,705,000.00

February 2007 1,540,000.00

March 2007 1,705,000.00

April 2007 1,650,000.00

N8,305,000.00