Alhaji Bello Barau V. Charles Mafua Esq (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the interlocutory decision of the Kaduna State High of Justice, Kaduna delivered on the 9th October, 2012 by M.T.M. Aliyu J.

The Respondent to this appeal who was the Plaintiff at the lower Court took out a writ of summons dated 10th of April, 2012 together with a statement of claim dated 16th August, 2010 in which he claimed against the Defendant who is the Appellant in this appeal as follows.

(1). The sum of N8,453,727.00 (Eight Millio, Four Hundred and Fifty-Three Thousand, Seven Hundred and Twenty-Seven Naira) only being professional fees owed the Plaintiff by the Defendant for all the services provided in respect of Suit No. KDH/KAD/728/2003; FHC/KD/CS/10/09 and KDH/KAD/387/08.

(2). Interest on the said sum of N8,453,727.00 (Eight Million, Four Hundred and Fifty-Three Thousand, Seven Hundred and Twenty-Seven Naira) only at the rate of 15% per annum from the date of filing this suit until judgment is delivered, and thereafter at the rate of 10% per annum on the judgment sum until same is fully liquidated.

(3). Cost of this suit.

(4). IN THE ALTERNATIVE, the payment of such sum as shall be determined by the Court based upon the quantum of service provided by the Plaintiff to the Defendant.

The Defendant in response filed his statement of defence pursuant to motion on notice dated 10th November, 2010.

On receiving the Defendant’s statement of defence the Plaintiff filed a reply dated 16th December, 2010. The Defendant also amended paragraphs 14 to conform with the true position of things as it happened and introduced paragraph 15 to counter the Plaintiff’s assertion as raised in the reply to statement of defence, particularly paragraph 4(e) of the reply dated 2nd Day of March, 2012.

The Plaintiff on his part filed a counter affidavit with written address to the Defendant’s motion on notice dated 15th June, 2012.

The lower Court in its ruling dated 9th October, 2012 on the Defendant’s motion refused the application for Amendment.

It is against this ruling that the Defendant appeal to this Court. In accordance with the rules of this Court the Appellant filed his brief of Argument on 4th March, 2014 and deemed filed on 26th June, 2014 in which he raised a lone issue for determination as follows:

“Whether the trial court was right in refusing the Defendant’s Amendment as contained in paragraph 15 of his Amended Statement of Defence dated 15th June, 2012 in light of the Plaintiff’s Assertion in paragraph 4(e) of his reply to Statement of Defence dated 16th December, 2010”?

The Respondent on his part did not file any Brief of Argument instead on 2nd October, 2014 he filed a notice dated 26th September, 2014 in which he stated that he was not contesting the appeal as he has nothing to urge the Court.