Chief Aloysius Onwuha Onuoha v. Unicon Thrift And Loans (MPCS) Limited & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Benue State Makurdi Division, Coram: A. I. Ityonyiman J, in suit No. MHC/206/2017 Chief Aloysius Onwuha Onuoha v. Unicon Thrift and Loans (MPCS) Limited & Ors delivered on 21/7/2017, in which the claims of the appellant as claimant against the respondent as defendant were dismissed under the summary judgment procedure for lacking in merit.

The appellant was peeved with the said judgment and had promptly appealed against it vide his notice of appeal filed on 22/9/2017 on three grounds of appeal. See pages 48-52 of the record of appeal. The record of appeal was compiled and transmitted to this court on 8/11/2018.

Only the appellant filed his brief, as the respondents did not file any brief. The appeal was heard on 22/5/2023 on the appellants brief alone.

The appellant was represented by Chief Dr (Mrs.) Caroline Mbafan Ekpendu, appearing with. The respondents, though duly served with hearing notice on 17/5/2023 did not participate in the hearing of this appeal and were also not represented by counsel.

By a writ of summons filed on 25/4/2017 before the lower court, the appellant as claimant had claimed against the respondents as defendants the following reliefs, to wit:

1. The sum of N2,000,000.00 owed as of August, 2016.
2. 4% interest on the fixed deposit accruing placement from the sum of N2,000,000.00 at the sum of N80,000.00 per month for the months of January, 2017, February, 2017, March, 2017 and April, 2017 amounting to the sum of N320,000.00 only.
3. 10% interest per annum of the judgment sum till it is finally liquidated by the defendants.
4. Cost of this action at N300,000.00 only. See pages 15 – 16 of the record of appeal.

Succinct statement of facts

The case of the appellant as claimant before the lower court as revealed in the averments in his pleadings as well as the affidavit in support of his application for summary judgment as in the record of appeal inter alia was that sometime in August 2016, the plaintiff/appellant was approached by the respondents to deposit the sum of N2,000,000.00 only as a fixed deposit placement for three months to mature in November, 2016, and to be paid monthly interest of 4% on the said sum at N80,000.00 per month.

The appellant accepted this offer by signing the column on the said letter as required by the respondents, and paid over to the respondents the said N2,000,000.00 as fixed deposit. Upon maturity, the appellant was paid the interest of N80,000.00 for the months of November and December, 2016 by the respondents in line with the terms of the contract.

However, from January, February and March 2017 the respondents defaulted in paying the monthly interest of N80,000.00 per month on the fixed deposit sum of N2,000,000.00 to the appellant, and had refused to do so despite repeated demands by the appellant, hence the action before the lower court by the appellant against the respondent to recover the sum owing and due payable to him by the respondents as well as pre and post-judgment interest. See paragraphs 5, 7, 8, 9, 10 and 17 of the statement of claim and paragraphs 5, 6, 7, 8, 9, 10 and 16 of the appellants affidavit in support of the application for summary judgment at see pages 3 – 9 and 17 – 20 of the record of appeal.

Upon the service of both the writ of summons as well as the application for summary judgment together with hearing notice on the respondents, they failed, refused and or neglected to file either their defense to the claims of the appellant or any counter-affidavit to the affidavit in support of the application for summary judgment.

The lower court proceeded to hear the appellants application for summary judgment and in its judgment delivered on 21/7/2017, it dismissed the appellants suit, though it was not defended by the respondents, for lacking in merit, hence this appeal. See pages 45- 46 and 48-52 of the record of appeal.

Issues for determination

In the appellants brief, a sole issue was distilled as arising for determination from the three grounds of appeal, namely: