Chanchangi Airlines (Nigeria) Limited V. African Petroleum PLC (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the Ruling of Kaduna State High Court in suit No. KDH/KAD/573/2011, delivered by M.T.M. Aliyu J, on 11/7/2011, entering Summary judgment in the suit for the plaintiff.

By a writ of summons, filed on 23/5/2011, the plaintiff (now Respondent) had claimed against the Defendant (now Appellant) as follows:

(1) “… The sum of N110,884,713.68 (One Hundred and ten Million, Eight Hundred and Eighty Four Thousand, Seven Hundred and Thirteen Naira, Sixty Eight Kobo) being outstanding debt for JET-A1 (aviation fuel) supplied to it and which the defendant has refused to pay despite repeated demands.

(2) Interest in the sum of (sic) 21% from the date of judgment until the debt is liquidated

(3) The cost of the suit.”

(See page 2 of the Records of Appeal)

The Respondent also filed a statement of claim and witness depositions and address and pleaded the same reliefs. He filed a motion on notice on the same date 23/5/2011 seeking summary judgment as per the writ of summons, under or 11 Rule 1 of the High Court (Civil Procedure) Rules of Kaduna State. Appellant filed a statement of defence dated 27/6/2011 and witness’ depositions, together with written submission. The motion was argued on 4/7/2011, and on 11/7/2011, the learned trial Court entered judgment for the Respondent; as follows:

“… it is my humble opinion that the Defendant has no defence to the action to warrant the suit being transferred to the general cause list. I believe the plaintiff is entitled to the judgment in the sum of N110,884,713.68 (one hundred and ten million, eight hundred and eighty four thousand, seven hundred and thirteen naira, sixty eight kobo) …On the claim of 21% pre-judgment interest the plaintiff has not produced evidence to justify it. I however grant the plaintiff post judgment interest on the judgment debt at 10% per annum from today the 11th of July, 2011 till the judgment debt is liquidated ….The Defendant shall pay the plaintiff N253,350.00 the cost of this suit.” (See page 65 – 66 of the Records).

Appellant filed Notice of Appeal against that decision as per the Notice and grounds of appeal on pages 67 – 69 of Record, dated 22/8/2011, raising 2 grounds of appeal, as follows:

“(1) The learned trial judge erred in law when he entered summary judgment in the suit.

Particulars of Error

(i) The statement of defence in denying that parties are registered companies has raised a triable issue or good defence.

(ii) Registration of a Company is an issue that cannot be presumed.