Chevron Nigeria Limited V. Warri North Local Government Council (2002)

LawGlobal-Hub Lead Judgment Report

ROWLAND, J.C.A.

This appeal is by the defendant, against the judgment and ruling of Akpiroroh, J. (as he then was), sitting at Warri Judicial Division of the High Court of Justice, Delta State.

The plaintiff’s claim as endorsed on the writ of summons filed on 15th July, 1994, is as follows:-

“1. A declaration that the plaintiff is entitled to charge, collect and enforce the payment of rates on defendant’s hereditaments, located within Warri North Local Government Area for the year 1993, pursuant to the mandatory provisions of “The Delta (formerly Bendel State) Local Government Law, 1980, Rating Provisions (Date of corning into force) Order, 1982″.

2. An order mandating the High Court’s Sheriffs, bailiffs and any other person or persons acting on their behalf to enter into the defendant’s premises and destrain the chattels and property of the defendant, for its failure to pay or appeal against the sum of N14,559,693.60, being the 1993 rate and surcharge on the defendant’s hereditaments located within the plaintiff’s Local Government territory.
3. An order mandating the High Court’s Sheriffs, bailiffs and any other person or persons acting on their behalf to dispose of, by public auction the defendants chattels and property as destrained in full satisfaction of the sum of N14,559,693.60 together with a surcharge of 10% per month on the amount due from 1st day of April, 1994, until the day of the said public auction.”

The facts/proceedings leading to this appeal are as follows:-

On the 15th day of June, 1994, the plaintiff filed on ex parte motion in the High Court of Justice, Delta State, Warri Judicial Division, praying the court for the following order:-

“Leave to issue a writ of summons attached to this motion paper and marked as exhibit ‘A’ in the undefended list against the defendant/respondent, as the defendant/respondent has no defence to the intended claim.”

This motion was endorsed to the effect that, fees were paid for the filing of the motion ex-parte (N5.00) and the order sought (N10.00) vide receipt number DT000590916 on 15/6/94 (See page 1 of records).

As borne by the records, there is an affidavit at page 2 of the records, which was sworn to at the High Court of Justice of Lagos State by one Celestine Ikpo, a litigation clerk on the 13th day of May, 1994.

There is no endorsement that the annexures or “exhibits” were either paid for or filed in the Delta State High Court.

On the 15th day of July, 1994, Akpiroroh, J. (as he then was) heard the application ex-parte and made the following order:

“Order as prayed and it is to be placed on the undefended list.

Adjourned to 26/7/94.” (See page 5 of the records)

It is manifest that there is nothing to show that the case came up on 26/7/94. However, it came up on 27th September, 1994, and the learned trial Judge entered judgment as follows:-