Akpabuyo Local Government V. Hon. Orok N. Edim (2002)

LawGlobal-Hub Lead Judgment Report

EDOZIE, J.C.A.

The respondent was the plaintiff before the Calabar High Court in suit No. C/435/99 wherein, by his writ of summons placed under the undefended list, he claimed against the appellant as defendant –

The sum of N253,245.30 (two hundred and fifty-three thousand, two hundred and forty-five naira, thirty kobo) being the balance of N268,925.30 owed the plaintiff by the defendant.

The facts giving rise to the claim are as stated in the affidavit of the respondent in support of the application to place the suit on the undefended list. It reads thus:-

I, Hon. Orok N. Edim, male

1. That I am a native of Idundu village and ex-supervisor in Akpabuyo Local Government Council.

2……………………………………………………..

3. That during my tenure as supervisor in Akpabuyo Local Government Council, my total arrears of claim were N268,925.30.
4. That this ascertained claim was not settled by the defendant despite my repeated demands.
5. That the defendant due to bad faith, they summons (sic) me before the Public Fund and Property Recovery Tribunal on the 7/7/98, despite their indebtedness to me.
6. That at the Public Fund Tribunal, the defendant admitted owing me the sum of N253,245.30 as balance of debt yet to be settled. Accordingly, judgment was entered for that sum. The certified True Copy of the judgment is hereto attached and marked Exhibit A
7. That I have made several oral and written appeals to the defendant to pay me the balance but to no avail.
8. That I lastly consulted my solicitor to request the defendant to pay the balance of N253,245.30 as per the judgment of the Tribunal in Exh. A. My Solicitor’s letter to the defendant is hereto attached and marked Exh. “B’. That as usual they did not reply.
9. That I have suffered greatly because of this money. That we verily believe that the defendant has no defence whatsoever to this action and will in no way be prejice (sic) if this matter is place (sic) heard and determined under the undefended list.

11 …………………..

That I swear to this affidavit in good faith conscientiously believing its contents to be true and correct according to my knowledge, information and belief in accordance with the Oaths Act.

By the above depositions, the deponent, that is, the respondent herein is saying that his claim represents his arrears of entitlements as a supervisory councillor of the appellant council less his indebtedness leaving an outstanding balance of N253,245.30 (two hundred and fifty-three thousand, two hundred and forty-five naira, thirty kobo), which was the amount being claimed by the respondent.

The appellant was said to have admitted owing the respondent this amount in the proceedings of the Public Funds and Property Recovery Tribunal as per the decision of the Tribunal of 7th July, 1998 annexed to the affidavit as Exh. which reads as follows:

In the Public Funds and Property Recovery Tribunal of Cross-River State of Nigeria Proceedings of sitting held on the 7th July, 1998 At Akpabuyo

1. Hon. Justice R.I.E Odu – Chairman
2. Chief Mark O. Ugbut (KSM, JP) – Member
3. Elder E. E. Eyo – Member
4. Paul O. Bebia (SP) – Member

Akpabuyo Local Government – Plaintiff

V.

Orok B. Edim – Defendant