Biezan Exclusive Guest House Ltd. & Ors V. Union Hommes Savings & Loans Ltd. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal of the Defendants/Appellants against the decision of the Port Harcourt High court of Rivers state delivered on 2/5/2007. The Appellants filed notice of appeal containing 12 grounds of appeal on 23/05/07.

The Grounds of Appeal as per the Notice of Appeal are:-

1. The learned trial judge erred in law when she held thus “I hold therefore that the claimants claim as per its writ of summons and statement of claim is valid and competent.”

Particulars

a. The suit was filed on 27/2/2004.

b. CLAIMANT/RESPONDENT witness claimed the sum of N140,052,872.98 in evidence.

c. The said sum arose on 30th, April, 2004 a date subsequent to the filing of the suit.

d. The said sum claimed in evidence was not pleaded.

e. There was no amendment to plead the said sum

f. The amount claimed in evidence was not in existence as at the time of filing of the suit.

g. There was no cause of action

h. Claimant did not lead any evidence as to the said amount in the pleadings.

i. The learned trial judge observed that the amount of N140,052,872.98 led in evidence by PW1 as being of ‘No moment’.

2. The learned trial judge erred in law in adjudging the Defendants to be indebted to the claimant when he held thus “I hold therefore that the outstanding sum should be N121,890,001.00 taking into account the sum paid in after 30th September, 2003.”

Particulars