Aloysius Nwokediaso & Ors V. Mrs Christiana Onuoha & Anor (2000)

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JOHN AFOLABI FABIYI, J.C.A.

This appeal emanates from the judgment handed out on 19th November, 1997 at the High Court of Justice, Onitsha in Anambra State of Nigeria.
The Plaintiffs/Respondent’s claims are contained in paragraph 46 of her statement of claim. Although they appear legion, I shall reproduce them for an adequate determination of this appeal. She claimed jointly and severally against the Defendants as follows:-

“(a) A declaration that the Plaintiff is the rightful allottee of pitche(s)/stall(s) No. ATK/2A and B at Ogbaru main market in Ogbaru Local Government Area, Anambra State of Nigeria.

(b) An order of court declaring null and void any revocation of the above mentioned pitche(s) stall(s) numbered in relief (a) or any re-allocation of same to any other person apart from the plaintiff.

(c) Injunction restraining the defendants, their agents, servants, privies, assigns or workmen from interfering with the Plaintiff’s rights and interests over the said pitch(s)/stall(s) No. ATK/2A and B or from dealing with the said property in any manner inconsistent with the Plaintiff’s rights and interests or from revoking or re-allocation of the said pitch(s)/stall(s) No. ATK/2A & B.

(d) SPECIAL DAMAGES: Goods and properties of the plaintiff destroyed by the defendants and their monetary values (Itemised from (i) to (ix) both inclusive) Total sum – N149,000.00.

(e) Loss of profit of the sum of N400 per market day starting from 31-1-95 to 28-4-97 for six hundred and seventy eight days which is N271,200.00.

(f) Loss of profit of the sum of N400.00 per market day starting from 28-4-97 to judgment day in this suit.

(g) N2,000,000.00 (two million Naira only) for general damages for inconveniences, pains, sufferings, humiliations etc. which the plaintiff sustained.”

The Plaintiff filed her statement of claim dated 30-4-97 on 2-5-97 as discernible from page 11 of the record of proceedings. As none of the Defendants filed a statement of defence in good time, the plaintiff’s counsel filed a motion on notice dated 31-10-97 on 13-11-97. This is manifest on page 14 of the record. Prayer 1 therein is for an order for judgment against the defendants/Respondents for failure to file their respective papers.’

On 19-11-97, the suit came up before the Trial Judge. The plaintiff was present in court, and represented by A.M. Umeozulu Esq, of Counsel. The Defendants were absent and not represented by counsel. Court notes indicate that Umeozulu Esq. asks for judgment in terms of the claim: There and then, the Learned Trial Judge proceeded to enter judgment in favour of the Plaintiff. The rationale for the judgment is contained in page 19 of the record. I need to reproduce it. And it goes as follows:-

“The plaintiff filed a statement of claim which was served on the defendants. The defendants filed a memorandum of appearance but none of them filed a statement of defence. I hold that the time prescribed by the High Court Rules, 1988, for filing statement of defence has passed. The plaintiff is entitled to judgment in default.

I observe that there is no evidence as to what the plaintiff earns as profit. It is not for this Court to quantify the loss against the defendants jointly and severally. The plaintiff is entitled to the sum claimed as special damages i.e. N149,000. (b) she is hereby declared the rightful allottee of pitch/stall No. ATK 2A and B at Ogbaru Main Market. (c) Any allocation made by the 1st defendant in respect of stall ATK/2A and B is hereby declared null and void. Finally (d) the defendants, their agents, servants, privies, assigns or workmen are restrained perpetually from interfering with the plaintiff’s rights and interests over pitch/stall ATK/2A & B or from dealing with said property in any manner inconsistent with the plaintiffs)” rights and interests or from revoking or re-allocating the said pitch/stall.

Costs to the plaintiff assessed and fixed at N5,000 inclusive”.