Prince Clement Adegboye V. Mr. Oyelayo Salawu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

By a writ of summons and a statement of claim both filed on the 9th of December, 2011, the Appellant herein who was the plaintiff at the High Court of Ekiti State sitting at Ikere-Ekiti; claimed the following reliefs:-

(a) The sum of Three Million and Thirty Thousand Naira being the balance sum of the sale agreement.

(b) 10% interest on the judgment sum until the defendant pays up. The statement of claim is accompanied with the claimant’s written statement on oath dated and filed on the same 9th of December 2011.

The Respondent filed a 24 paragraphs statement of defence on the 26th January 2012 in which he counter claimed as follows:

1. The sum of Four Million Eight Hundred and Forty Five Thousand Naira only (N4,845,000.00) as special damages being the sum the defendant paid to the claimant on the vehicle and other expenses on the vehicle while it was in his custody.

PARTICULARS OF DAMAGES

(a) The sum of money which the claimant borrowed the claimant to refund Seleke’s money which was later converted as deposit for the Lorry – N3,970,000.00

(b) The sum of money used to build the body of the vehicle by the defendant – N560,000.00

(c) Painting of the lorry by the defendant – N170,000.00

(d) Purchase of the Tyres – N100,000.00

(e) Purchase of spare parts.

2. 22% interest on the sum of N4,845,000.00 from ……. until judgment and 10% thereafter until the whole sum is liquidated.
3. The sum of Five Million Naira (N5,000,000.00) as general damages for breach of contract and trust.

The counter claim is accompanied with the defendant’s written statement on oath and the written statements on oath of Mr. Jegede Kehinde and Mr. Babatunde Olajide, who are witnesses for the counter claimant. The Appellant filed a reply to the Defendant’s Statement of Defence and claimant’s defence to counter claim on the 29th February 2012. This defence to counter claim was accompanied by a written statement on oath of the counter defendant dated 29th of February 2012.

Issues having been joined, the case proceeded to trial. During the trial, the Appellant gave evidence in support of his case, while the Respondent/Counter claimant gave evidence and called two additional witnesses. The interesting thing about the procedure adopted at the Lower Court is that after the testimony of DW3, Counsel were not called upon to address the Court. On the 29th June 2012, the matter was adjourned to the 4th July 2012 for judgment and the judgment was so delivered on the said date.

The Learned trial judgment dismissed the claim and granted the counter claim in full. He ordered the Appellant as counter defendant at the Lower Court to pay the sum of Four Million Eight Hundred and Forty-Five Thousand Naira (N4,845,000.00) to the Respondent. In addition, the Learned trial Judge awarded Twenty Two Thousand Naira (N22,000.00) as general damages against the Claimant/Counter Respondent.