Alhaji Abubakar Jali Gambo V. Jerry Ikechukwu (2003)

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ZAINAB A. BULKACHUWA J.C.A.

By a Writ of Summons drawn up on the undefended list the respondent as one of three plaintiffs claimed against the appellant as defendant before the High Court of the Federal Capital Territory Abuja, the following reliefs;

1. The sum of N600,000.00 (Six hundred thousand Naira) only being money to be collected by the plaintiffs as commission in the transaction of a house on Plot No, 2850 at Maitama A6, Federal Capital Territory Abuja belonging to the Defendant, out of the sum demanded N200,000.00 (Two hundred thousand Naira) only has been collected vide a cheque No. PA/3003859 On the 18th October, 1995 paid to the 2nd Defendant.

2. (Ten Per cent) 10% interest on the sum of N400,000.00 (four hundred thousand naira) only from the date of judgment to liquidation.

3. N1,000,000.00 (One Million Naira) only as general damages for breach of contract.

An order for substituted service on the defendant/appellant was made by the court on the 6th day of May 1996. On the 2nd day of July 1997 the trial court entered judgment for the plaintiff in the sum of N400,000.00 and 21% interest thereon from the 18/9/95 till the liquidation of the judgment sum. He also awarded N10,000.00 to the plaintiff as general damages.

The defendant/appellant being dissatisfied has appealed and with the leave of this court was allowed to amend and file additional grounds of appeal as well as to amend his brief in line with the new Notice of Appeal.

The grounds of appeal are now;

GROUNDS OF APPEAL:
The Respondents misled the trial Judge to grant the order of substituted service of 16th day of May 1996 which was the bedrock of the Judgment of 2nd July 1997.

PARTICULARS:

a) the respondents applied for an order of substituted service without making an attempt to serve the appellant in his permanent home address at DUTSIMMA KATSINA STATE and current address at Suleja Niger State.

b) The Respondent misled the court by stating that appellant had a branch office at Gwagwalada in Abuja.

c) The Respondent knew that Plot 580 A8 Wuse 2 Abuja was not the last known place of abode or business of the appellant by the time material to the suit before the lower court.

2. The learned trial Judge erred in law in placing the matter undefendant list and gave judgment (sis) under Order 23 of the High Court Civil Procedure Rules of Federal Capital Territory Abuja, without calling upon the Plaintiff to prove their case.