Bobade Olutide & Ors V. Adams Hamzat & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON.JUSTICE SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgement)

This is an appeal by the Appellants against the judgment of Hon. Justice l. M. Sani of the Federal High Court, Akure Judicial Division, Akure delivered on the 24tn day of March, 2014.

A SYNOPSIS OF THIS CASE

The 1st Respondent who was the Applicant at the lower Court sometimes in June 2012 entered a contractual agreement with the 1st, 2nd and 3rd Appellants who are car dealers to supply two vehicles to the 1st Respondent, who thereafter issued two charges (marked exhibit CH 1. and CH2) as part payment.

Unknown to them, one was written the sum of one Thousand, Five Hundred Naira (N1,500.00) as against the sum of one Million, Five Hundred thousand Naira (N1,500,000.00) and on the other was written N2,100.000 (Two Thousand, one Hundred Naira) as against the sum of Two Million, One Hundred Thousand Naira (N2,100,000.00). when the Appellants realised they had been seemingly short changed, to part with their properties (a Nissan Pathfinder and sienna Mini Bus), they contacted the 4th Respondent, their lawyer who issued two petitions marked Exhibits CP1 and CP2 to

the police against the 1st Respondent, consequent upon which him and his agents were arrested. The 1st Respondent pleaded to settle for the settlement of the matter amicably, subsequent upon which he then issued another cheque marked as Exhibit CH3 where he wrote the sum of N5,327,000.00 (Five Million, Three Hundred and twenty-seven Thousand Naira) purportedly to cover the total indebtedness of the 1st Respondent to all the Appellants.

Three Agreements (marked Exhibit A1, A2 and A3) were drawn up between the Appellants, the 1st Respondent and one Mrs. Bola Fayanju as Guarantor to the 1st Respondent. The third issued cheque was eventually dishonored when presented at United Bank of Africa (UBA) as a dud cheque.

The Appellants informed their counsel yet again and a complaint was lodged to the police, the 1st Respondent pleaded for more time, the Appellants conceded and at the chambers of the 4th Respondent, the Appellants met the same fate as previous as the amount on the new cheque was not paid nor the Agreement marked Exhibits B1, B2 and B3, honored.

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Yet again, the Appellants contacted their counsel who on complaints to the police went through

several efforts to have the 1st Respondent brought down to Akure, where he was eventually charged to Court the following day and on the order of the Magistrate Court ordered to be remanded and properly tried at a Court of jurisdiction.

The case file was forwarded to the Ministry of Justice, Ondo State and a Legal Advice was issued directing that the 1st Respondent be charged for the offences of obtaining goods under false pretence and using of dud cheques. These are marked as Exhibits 1A and Exhibit 1F.

The 1st Respondents also filed an action for enforcement of his fundamental rights and judgment was given in his favour, against the Appellants which has given rise to this appeal.

At the hearing of this appeal on the 1st day of October ,2015, O. l. Aladedutire Esq., counsel for the Appellants adopted the Appellants’ Brief of Argument dated and filed on the 2nd day of July, 2014. counsel urged this Honorable Court to set aside the decision of the trial Court.