Amos Bez Idakula (Des’d) V. Dorcas Richards & Anor (2000)

LawGlobal-Hub Lead Judgment Report

AKPABIO, J.C.A.

This is a composite appeal against three decisions of Momoh J. (as she then was) of the Plateau State High Court, sitting at Jos in suit No. PLD/J/334/89 delivered on three different dates as follows:

(i) “Judgment delivered on 22/4/91 for plaintiff against 1st defendant for the admitted sum of N30,000.00 with 15% interest effective from July, 1987 till amount is fully paid up. The unadmitted balance and case against 2nd defendant is to proceed to trial on 8/5/91.

(ii) Judgment delivered on 16/5/91 as follows at p.56 of records:-

The plaintiff now claims the balance of N28, 200 with 15% interest from July, 1987. Defendant Pleads liable to the said balance claimed. The defendant liable to pay the balance of N28,200.00 with 15% interest from July, 1987. Defendant ordered to pay the said amount.

I apply to be allowed to pay N15,000.00 per quarter.

The defendant to pay the judgment debt when due by quarterly instalments in advance beginning from the month of June, 1991 until amount is fully liquidated. The 1st defendant’s vehicle Reg.No. PL 16 JE seized in execution is to be released. The case against the Bank, 2nd defendant adjourned to 10/7/91. The notice and grounds of appeal was filed on 27/6/96.

(iii) A ruling of the learned trial Judge delivered on 12/12/91 dismissing an application of the judgment debtor applicant to set aside its ruling of 13/11/91 granting leave for the judgment-creditor to levy execution on the immovable property of the judgment debtor at 15 Mangu Road, Jos on the ground that the motion papers were served on the judgment debtor on 12/11/91 and argued and granted on 13/11/91, when two clear days had not yet expired as required by Order 8 rule (4)(17) and (21) of the High Court Civil Procedure Rules of Plateau State.”

The notice and grounds of appeal against this last ruling was dated 12th December, 1991.

The facts of the case leading to these multiple appeals were as follows: Sometime in April, 1987, the 1st respondent, Dorcas Richards, was awarded a contract by the Directorate for Rural Development to supply ten INDIA MARK II hand pumps at the rate of N6,500.00 (Six thousand five hundred Naira only) per pump totaling N65,000.00. On finding difficulty in obtaining INDIA MARK II hand pumps locally, the plaintiff wrote to the said Ministry of Rural Development pleading that she should be allowed to supply Nigerian Hand pumps instead of the INDIAN at the same price, and she was duly granted permission to do so.

In due course, the hand pump were duly delivered, and vouchers for the sum of N58,200.00 (i.e. N65,000.00 less Government Tax) duly prepared and made payable to the plaintiff. However, for a reason that was not clearly explained in her pleadings, plaintiff directed that the cheque for N58,200.00 should be delivered to the 1st defendant for onward payment to her. That was done, but instead of the 1st defendant taking the cheque to the plaintiff, he paid the cheque into his personal account at the Savannah Bank in Jos. Not only that, he also began to take out of the money and converted to his personal use. When plaintiff came to know about these, she wasted no time in instituting an action against the 1st defendant alone for the recovery of her money-N58,200.00 only. Furthermore, for a reason that was also not stated, the plaintiff changed her counsel and brought in a new counsel O. B. James Esq., who now filed amended papers joining Savannah Bank Ltd. as 2nd defendant. He further increased the amount claimed from N58,200.00 to N208,200.00 whereof N58,200 was the plaintiff’s money fraudulently converted by the 1st defendant, while N150,000.00 was damages for negligence apparently against the 2nd defendant, for allowing or colluding with 1st defendant to allow him cash a cheque that was not endorsed to him.

An amended statement of claim was also filed to bring in the 2nd defendant, the additional cause of action and the increased amount claimed. In response to the amended statement of claim the 1st defendant filed a statement of defence in which he admitted collecting a cheque for N58,200.00 from the Ministry of Rural Development on behalf of the plaintiff, but stated further that he was authorized by the plaintiff to deduct the sum of N11,100.00 from the money as his commission for intervening on behalf of the plaintiff with the officials of Ministry of Rural Development to influence them to vary the terms of the contract with plaintiff, by allowing her supply to them TEN NIGER HAND PUMPS instead of TEN INDIA MARK II HAND PUMPS originally contained in the specification given to plaintiff. It was in accordance with the plaintiff’s instruction that he paid the Lion Bank’s cheque given to him by the Ministry of Rural Development into his account at Savannah Bank Ltd. Apart from deducting N11,100.00 for himself as instructed by plaintiff, he also invested N30,000.00 in Idakula Mining Company also as directed by plaintiff. Finally, that he was also directed by the plaintiff to pay over the balance of N17,100.00 to her in the name of NDUDIM IKELUA, who resided at No. 7 Enugu-Agidi Street, which was plaintiff’s business Head Office, and he did so by a Savannah Bank Cheque No. 142/c 112537 issued on 16/7/87.

After some protracted delay, the 2nd defendant also filed its statement of defence in which he denied all the allegations of fraud, collusions and negligence made against it by the plaintiff. He stated further that the 1st defendant had pleaded passionately with them to allow him pay the cheque for N58,200.00 issued in the name of “CASOBIC (NIGERIA) ENTERPRISES” into his account as he was the Managing Director of the said company and they allowed him to do so.

In due course, the case came before Momoh J. (as she then was) for trial at High Court No. 4 Jos on 22/4/91.