Abel Oguntuwase V. Hon. Tope Jegede (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Ekiti State High Court, Ise-Ekiti Division, delivered by Hon. Justice L.O. Ogundana on the 20th of January, 2014, in favour of the Respondent then the Claimant. The Defendant, now Appellant, being dissatisfied with the judgment of the High Court, Ise-Ekiti appealed against the said judgment to this Court.

The Claimant/Respondent approached the Lower Court, filed his Writ of Summons and Statement of Claim, on the 21st day of May, 2013. He sought the reliefs as contained in page 6 of the record of proceedings as follows:-

(a) The Claimant claims the sum of Seven Hundred and Fifty Thousand Naira (N750,000.00) being the remaining balance of the money which the Defendant owes the Claimant, after the Claimant has furnished a consideration of the forest reserve located at Ise-Ekiti for a total sum of One Million Naira (N1,000,000.00) which the Defendant refused/neglected to pay the remaining balance, despite several demands for same by the Claimant.

(b) The Claimant claims the sum of Ten Million Naira (N10,000,000.00) as damages from the Defendant as a result of unreasonable withholding of the said Seven Hundred and Fifty Thousand Naira (N750,000.00) being a calculated attempt to deny the Claimant the said sum and as a result of which the Claimant suffered financially, psychologically, mentally and emotionally.

In the Statement of Defence dated 23rd day of July, 2013 and filed on the same day, the Defendant/Appellant denied the Plaintiff’s claim. He insisted that, he had paid the balance sum of Seven Hundred and Fifty Thousand Naira (N750,000.00), upon the completion of his assignment, pursuant to the agreement. That the Claimant/Respondent is only denying the payment of Seven Hundred and Fifty Thousand Naira (N750,000.00), because the payment was not evidenced in writing. After the completion of exchange of pleadings, the suit was set down for hearing.

At the trial, in his evidence, the Claimant/Respondent called two witnesses including himself and tendered Exhibits ‘A-F’. The Respondent/Claimant in his evidence claimed for the unpaid contract sum of Seven Hundred and Fifty Thousand Naira (N750,000.00), being the total balance remaining unpaid by the Defendant/Appellant, on the contract entered into by the parties on the concession of the Forestry Reserve located at Ise-Ekiti, and equally claims for general damages of Ten Million Naira (N10,000,000.00) as well.

The Defendant/Appellant in this case, gave evidence that he entered into an agreement with the Claimant/Respondent, and that he paid the sum of Two Hundred and Fifty Thousand Naira (N250,000.00), to the Claimant/Respondent through a cheque. All through the Defendant/Appellant’s evidence, he did not convince the Court by way of oral evidence, corroborated or documentary evidence, that he had actually paid the remaining balance of Seven Hundred and Fifty Thousand Naira (N750,000.00), to the Claimant/Respondent.

The learned trial Judge from the evidence led, granted reliefs sought by the Claimant/Respondent.

The Defendant/Appellant consequently, vide a Notice of Appeal, which was amended by order of Court on the 10th day of November, 2014 predicted on six grounds filed in this appeal. The said grounds of appeal, without their particulars are:-

(1) The Honourable Trial Judge erred in law and, misdirected himself on the facts thereby came to a wrong decision when he held as follows:

“I am unable to agree with or belief the Defendant that he had paid the Claimant the Seven Hundred and Fifty Thousand Naira (N750,000.00) outstanding of the contract sum” the Court did not consider the issue joined by parties and instead suo motu raised issue bothering on the nature of transaction between the parties and rest its judgment on it; And thereby reached a perverse decision occasioning a miscarriage of justice.

(2) The Honourable Trial Judge erred in law and misdirected himself on the facts thereby came to a wrong decision when he held as follows:-

“I am unable to agree with or belief the Defendant that he had paid the Claimant the sum of Seven Hundred and Fifty Thousand Naira (N750,000.00) outstanding of the contract sum.”