Bauchi State Agricultural Development Programme V. Alhaji Abubakar Abdullahi (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A: (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Justice Bauchi State. Briefly the facts of this case is as follows:

Sometime in June 1993, the Appellant a parastatal of the Bauchi State Government auctioned 3 of its low loader beds vehicles. The Respondent paid N8,000.00 for one of the vehicles he bought from the auction.

The Respondent claimed that he made several attempts to collect what he paid for but could not. In frustration he instituted Suit No. BA/08M/2000.

The trial Court entered judgment in favour of the Respondent and ordered the Appellant to release the vehicle. The Appellant failed to release the vehicle and thereby caused the Respondent to initiate a fresh suit for specific performance, and general damages for breach of contract in Suit No. BA/37/2003.

The Judgment in this 2nd suit was also in favour of the Respondent.

The Appellant being dissatisfied filed a Notice and Grounds of Appeal. The Appellant filed his brief and articulated two (2) issues for determination as follows:

“1. WHETHER the lower Court had jurisdiction to entertain the Respondent’s matter in spite of the exhibited Judgment order dated 24th April, 2001 of Suit No. BA/08M/2000, which is a subsisting Judgment of a Court of competent jurisdiction between the same parties in respect of the same subject matter earlier decided by High Court 4 Bauchi?

2. WHETHER the Appellant’s were accorded fair hearing by the trial Court, when the trial Court refused the Appellant’s application seeking the arrest of its judgment to enable the Appellant cross-examine the Respondent’s witnesses and to enter his defence?”

The Respondent filed his Respondent’s brief on 8th December, 2010 by leave of Court granted on 18th November, 2010. In it the Respondent articulated two (2) issues for determination as follows:-

“a. Whether the lower Court had jurisdiction to entertain the claim of the Plaintiff/Respondent in spite of the exhibited Judgment order dated 24th April, 2001 of Suit No. BA/08/2000, which is a subsisting judgment of a Court of competent jurisdiction between the same parties in respect of the same subject matter earlier decided by High Court No. 4 Bauchi?

b. Whether the Appellant’s were (sic) accorded fair hearing by the trial Court, when the trial Court refused the Appellant’s application seeking the arrest of its Judgment to enable the Appellant cross-examine the Respondent’s witnesses and to enter his defence?”

Both Counsel adopted their respective brief on 17th March 2011 and Judgment was Reserved. However a question of jurisdiction cropped up during the conference and parties were therefore invited to address the Court on it.

Appellant filed its written address on 25th June 2011 and the Respondent filed its own on 27th June 2011. Both Counsels adopted their respective address on the 30th June 2011.

The Appellant articulated two issues for determination viz: