Katanga Oil & Petroleum Nig. Ltd v. First Bank Plc & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Kaduna State High Court sitting at Kaduna delivered by Hon. Justice Binta F. Zubairu in suit No. KDH/KAD/1196/2017, on the 13th day of December, 2021, wherein the trial High Court dismissed the claims of the appellant who was plaintiff at the trial court for failure to participate in pretrial conference, and granted the counterclaim of the 2nd respondent on the occasion of the failure of the appellant to participate in pre-trial.

The appellant was the plaintiff while the 1st respondent was the 1st defendant and the 2nd respondent was the 2nd defendant at the trial high court. The appellant, aggrieved with the decision of the trial court, appealed to this court vide his notice of appeal found at pages 233 – 235 of the record on three grounds.

The record of appeal was compiled and transmitted to this court on the 11th of August, 2022, and the same was deemed properly transmitted to this court on the same date.

The appellant’s brief of argument was filed on the 27th day of March, 2024, but deemed properly filed and served on the 29th of October, 2024. The 1st respondent’s brief of argument was filed on the 25th of October, 2024, but deemed properly filed and served on the 29th October, 2024.

The 2nd respondent’s brief of argument was filed on the 25th of October, 2024, but deemed properly filed and served on the 29th of October, 2024. The appellant did not file any reply brief of argument despite the fact that the 2nd respondent raised an objection to the competence of the appeal by embedding a notice of preliminary objection in her brief of argument.

At the hearing of the appeal, counsels to appellant and the respondents adopted their briefs of argument and this court reserved the appeal for judgment.

This appeal was commenced at the trial court by the appellant who was plaintiff at the trial High Court after the sale of the appellant’s property by the 1st respondent to the 2nd respondent by way of writ of summons dated 13th November, 2017, and filed on the 18th of November, 2017, wherein by paragraph 12 of his statement of claim the appellant prayed the trial court for the following reliefs:

1. A declaration that the sale of the plaintiffs property known as Katanga Oil and Petroleum Limited, Kachia Kaduna, Kaduna State by the 1st defendant to the 2nd defendant is illegal, null and void.
2. An order setting aside the sale of the plaintiff’s property known as Katanga Oil and Petroleum Limited, Kachia Kaduna, Kaduna State to the 2nd defendant by the 1st defendant.
3. An order of perpetual injunction restraining the 2nd defendant from tempering in any way with the plaintiff’s property known as Katanga Oil and Petroleum Limited, Kachia Kaduna, Kaduna State. See page 4 of the record.

The 2nd respondent by her amended statement of defence counter claimed at page 204 of the record as follows:

1. An order that the plaintiff should render account of the proceeds so far realized from the sale of fuel from the 4th December, 2017 to date.

a. By providing the actual amount of profit made by the plaintiff daily, monthly and yearly which cover the period of three years from 2017 – 2020

b. An order that the plaintiff’s daily profit from the sale of fuel is N10,000.00 and that from the monthly sales, the plaintiff made a profit of N300,000.00 and in a year the plaintiff would make a profit of N3,600,000.00 from its sale.

c. The claim of the 2nd defendant/applicant against the plaintiff/respondent is N10,800,000 which covers the accumulated profits made by the plaintiff/respondent for the period of three years from 2017 – 2020.

d. An order to further cover the period of year 2021 to when judgment is delivered.

e. An accumulated profit from when the judgment is delivered to date the defendants/applicants take possession of the plaintiff (filling station).