Alhaji Abdul Yahaya Bawa V. Sheleba Phenias (2006)
LawGlobal-Hub Lead Judgment Report
TSAMIYA, J.C.A.
This is an appeal against the ruling/decision of Dakyen J. sitting at Plateau State High Court, holden at Jos dated 24th June, 2002.
The respondent as plaintiff instituted an action against the dependent/appellant. The claim was for:
- The sum of N270,000.00 (Two hundred and Seventy thousand Naira only) being money outstanding in favour of plaintiff from the proceeds of the sale of the plaintiff’s vehicle.
- 21% interest per-annum from June, 2001, till judgment and thereafter 10% interest till the whole sum is liquidated.
- Cost of this action.
The particulars of claim together with the affidavit in support were placed on the undefended list pursuant, to Order 23 of the Plateau State High Court (Civil Procedure) Rules, 1987. The facts relied on are set out in the affidavit in support of the claim together with exhibits attached thereto, i.e. exhibits ‘A’ and ‘A1’.
On being served with the plaintiff’s claim, the defendant filed a notice of intention to defend together with an affidavit in which he denied the plaintiff’s claim. These can be found at pages 12-13 of the printed record of proceedings of the trial court.
The crux of the plaintiff’s case in the trial court was to be found in paragraphs 3 – 9 and 11 of the affidavit in support of the particulars of claim contained on p. 8 of the record of proceedings. The paragraphs read as follows:
“3. That sometime in April, 2001, the defendant and I entered into a business transaction whereby I gave the defendant my Toyota Carina I vehicle to sell for me.
- That the defendant and I agreed that the defendant will give me the sum of N370,000.00 (Three hundred and Seventy thousand Naira) after selling off the vehicle.
- That the defendant successfully sold off the vehicle but refused, failed or neglected to pay the sum of N370,000.00 agreed at, to me.
- That I made repeated demands for my money to the defendant, he still failed to pay the sum owed to me.
- That I consequently laid a complaint of criminal breach of trust and cheating against the defendant to Nigeria Police, Plateau Command.
- That the defendant was consequently arrested and detained and that it was only at this point that the defendant paid me N100,000.00 leaving a balance of N270,000.00.
- That the defendant still refused to pay the balance, he was charged to court for offence of cheating and criminal breach of trust.
- That the defendant have no defence to the suit and it will be in the interest of justice to put the matter under the “undefended list. ”
The defendant’s case was hinged on paragraphs 3 – 10, 11, 12, 14 and 16 of his affidavit in support of notice of intention of defend the action.
They read as follows:
- That contrary to his averment that he gave me only one Carina car to sell for him, he gave me four cars namely:
- One Nissan Primers.
- One Toyota 4 Wheel Drive.
- One Opel Omega 2.4.
- One Toyota Carina.
To sell for him.
- That while he gave me these cars to sell or look for buyers for him in my ordinary course of business as a car dealer, I could not sell them in his absence because his names were in all the particulars.
- That while two of the cars Nissan Premira and Toyota 4 Wheel Drive were sold in his presence and was paid N450,000.00; and N350,000.00, to him the other two cars were left unsold.
- That after about one week interval a buyer came for the Toyota Carina car but since he said he was only going to be able to pay the purchase price of N470,000.00 installmentally, I had to call the plaintiff who is the owner of the car.
- That when the plaintiff came and saw the buyer, they agreed that the buyer should pay N100,000.00 and liquidated the remaining installmentally.
- That I was present when he paid the plaintiff N100,000.00 and the balance be liquidated in the subsequent installment payment.
- That it was the plaintiff who signed the purchase agreement since the particulars were in his name.
- That I was not the buyer’s surety but the plaintiff only directed that he the buyer should pay me so that I bring it to him.
- That after sometimes, the plaintiff came to me demanding the balance of N370,000.00 but I told him that the buyer had not brought anything to me for onward transmission to him.
- That the plaintiff became angry and reported the matter to the police and I was detained whereupon the buyer heard about it from a source I do not know and brought N100,000.00 which I promptly gave to the plaintiff.
- That even at the police station it was agreed that when the subsequent payments are made to me, I should pay it over to the plaintiff.
- That I am not in anyway indebted to the plaintiff and I have people who can testify to that, since the agreement between the buyer and the plaintiff was made in people’s presence.
The above are the essential facts placed before the trial court on 24/4/2002, when the learned trial Judge took submissions from the counsel for the parties he reserved his ruling till 24/6/2002. On the said 24th June 2002 the learned trial Judge delivered the ruling and entered judgment for the plaintiff and granted the reliefs sought.
The arguments of counsel for the parties and the court’s ruling can be found at pages 17 – 27 of the record.
Aggrieved by the decision of the trial court, the appellant, thereafter appealed to this court. He filed four grounds of appeal, which, without particulars are as follows:
(a) The decision of the lower court is unwarranted and cannot be supported having regard to the weight of evidence before it.
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