Aleruchi Etcheson Nsirim V. Omuna Construction Company (Nigeria) Limited (1993)

LawGlobal-Hub Lead Judgment Report

EDOZIE, J.C.A. 

This is an appeal against the judgment of the High Court of Rivers State holden in Port Harcourt delivered by Ungbuku J, as he then was. on 29th of April,1987 in Suit No: PHC/36/82. In that suit, the respondent/cross-appellant referred to simply as respondent was the plaintiff whiles the appellant, cross-respondent, to be referred to as appellant was the defendant. As set out in paragraph 15 of the further amended statement of claim, the respondent’s claim was as follows:

“(i) Declaration that the Zenith Concrete Block Making Machine, Teva Mixer equipment and other assets now being employed by the defendant in the Block Moulding Industry now being carried on by the defendant at Omunakwe Nsirim Road, Mile 4, Port Harcourt under the name and style of Etcheson & Sons is the bona fide and beneficial property of the plaintiff.

(ii) A declaration that the aforesaid Block Moulding Business now being carried on by the defendant at Mile 5, Port Harcourt under the name and style of Etcheson & Sons is being carried on in fraud of the plaintiff.

(iii) An order for an account of all sales and of the monies had and received by the defendant in the running of the moulding industry from December, 1980 up to date of judgment.

(iv) An order for an account of the net profits accruing from the moulding industry and how the same are made.

(v) An order for the payment by the defendant to the plaintiff of all monies found to be due to her on the taking of such accounts.

(vi) An injunction to restrain the defendant by himself, his servants or agents or howsoever otherwise from paying the proceeds of the said business into any other account otherwise than the plaintiff’s account or any other account opened by the plaintiff for the said business.

(vii) In the alternative, the plaintiff claims the sum of N1,000,000 (One Million Naira) as damages for breach of oral agreement made between the plaintiff and the defendant sometime in March, 1990 at Port Harcourt.

(i) Purchase of Zenith Machine Teva

Mixer and Concrete Loader and

Generating Machine N145,000

(ii) Loss of profit and use of the Machine

mentioned in Item (i) above from