A. Dikko & Sons LTD v. C.A.C (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Lead Judgment)

This is an appeal against the judgment of the Court of Appeal Abuja Division delivered on Wednesday, the 18th day of June, 2014. Coram: Amiru Sanusi, JCA (as he then was). Abubakar Datti Yahaya; Joseph Tine Tur, JJCA.

The appellant herein as the Plaintiff at the trial Court had sued the respondent and claimed the following reliefs:

1. A Declaration that the defendant was neglected and/or in error by registering A. DIKKO AND SONS NIGERIA LIMITED when it knew or ought to have known that A. DIKKO AND SONS LTD (the Plaintiff) was in existence.
2. Payment of the sum of N8,349,500.00 being special damages for the loss of 3 Diamond Bank Cheques viz: Cheque No. 3216 for the sum of N2,697,500.00, Cheque No.00020855 for the sum of N2,474.400 and Cheque No.00020855 for the sum of N3,177,208,600.00.
3. Interest at 21% per annum from August 30th, 2009 up to the date of judgment and eventual payment.
   ALTERNATIVELY TO CLAIM 2 AND 3 ABOVE:
   N10,000,000.00 General damages for losses suffered by the Plaintiff.

​Parties duly exchanged pleadings and the case proceeded to trial on Tuesday, the 18th day of May, 2010.

The facts of the appellant’s case are as follows: The appellant was registered by the respondent as a private limited liability company on the 4th of September, 2008 with Registration No. 7710S0. The respondent as a Federal Government agency is charged with the responsibility of registration and regulating of companies among other things.

In breach of Section 30 (1) (a) of the Companies and Allied Matters Act, (CAMA), the respondent negligently registered yet another company called A DIKKO AND SONS NIGERIA LIMITED on the 17th of December, 2008 with registration No. 791987. Thereafter, cheques meant for the appellant were lodged in an account with a commercial bank, by the person who promoted the company called A. DIKKO AND SONS NIGERIA LIMITED (hereinafter called the 2nd Company).

She withdrew and made away with the money. The appellant contended that but for the negligence of the respondent in registering the 2nd company, very similar in name with it. the appellant would not have suffered the losses it incurred. The appellant did not produce and tender the Certificate of Incorporation of the 2nd Company and the trial Court on that score held that the appellant was not entitled to award of damages. The appellant’s case was accordingly dismissed.

Dissatisfied with the decision of the trial Court led to the appeal to the Court below. In the unanimous decision of the Court below, the appeal was adjudged unmeritorious and accordingly dismissed. The judgment of the trial Court was thereby affirmed.

Further dissatisfied with the judgment of Court of Appeal, led to the instant appeal to this Court.

Briefs of argument were filed and exchanged. The appeal was heard on 1/3/2022 on the following processes:

• Appellant’s brief of argument filed on 6/6/2017 settled by Adeko Mustapha Esq.
• Respondent’s brief of argument filed on 5/3/2018 settled by Ahmad I Mahmud.

In the said appellant’s brief of argument, the following issues were distilled for the determination of the appeal.

Issues for Determination

issue 1
Whether in view of the state of pleadings of the respondent which did not specifically traverse allegation of registration of A DIKKO AND SONS NIGERIA LIMITED made by the appellant, the learned Justices of the Court of Appeal were right to hold that proof of registration of the company by the appellant was not obviated (Distilled from Ground 1).

Issue 2
Whether the learned Justices of the Court of Appeal properly exercised their powers to reevaluate and reappraise the evidence of the parties before the trial Court as encapsulated in Exhibits F, G, H, I, and J together with the oral evidence of the respondent on Oath admitting registration of A DIKKO AND SONS NIGERIA LIMITED and yet affirmed the findings of the trial Court that the company registration was not proved. (Distilled from Grounds 3 and 5).