Chief Robert O. Amamize V. S. I. O. Industries Limited (2007)

LawGlobal-Hub Lead Judgment Report

STANLEY SHENKO ALAGOA, J.C.A.

This is an appeal against the ruling of Z.A. Smith. J of the High Court of Delta State, Asaba Judicial Division, delivered on the 6th October 2004 in Suit No. A/110/2004 CHIEF ROBERT O. AMAMIZE V. S.I.O. INDUSTRIES LTD in which he upheld the preliminary objection against the competence of the Suit.

At the lower court the Appellant as Plaintiff had taken out a writ of summons against the Respondent as Defendant followed by a statement of claim dated the 14th June 2004 and filed on the 15th June 2004 which is reproduced hereunder-

IN THE HIGH COURT OF DELTA STATE

HOLDEN AT ASABA

BETWEEN SUIT NO.A/110/2004

CHIEF ROBERT O. AMAMIZE …. APPELLANT

AND

S.I.O. INDUSTRIES LIMITED …. RESPONDENT

STATEMENT OF CLAIM

1. The Plaintiff resides at No.8 Tanimola Street, Ilasamaja, Lagos and is the beneficial owner of all that land and buildings thereon lying being and situate at No. 22 Nnebisi Road, Asaba, Delta State registered as No.21 at Page 21 in volume 108 of the Lands Registry in the office at Asaba at all material time described as Ani-Ndida, Umuagu Quarters at the intersection of Nnebis Road and Fums Street, Asaba.
2. The Defendant claims to be a Limited Liability Company with its registered office at S.I.O. towers, 25 Boyle Street, Onikan, Lagos and carrying on business at Kilometer 129, Benin Asaba Expressway, Asaba, Delta State.
3. The Plaintiff avers that he has consistently exercised beneficial ownership on the property including letting and ejecting tenants and creating encumbrances thereon by way of mortgages – the several of which shall be founded at trial.

The Plaintiff avers that there was at all material time, and, is a subsisting legal mortgage on the property – whereof shall be founded at trial.

5. The Plaintiff avers that

(1) Sequel to a letter dated the 11th day of July 1997 his eminence Chief Olisa Chukwurah, O.F.R., S.A.N. (deceased) acting for and on behalf of the defendant communicated the terms of the proposed lease of No.222, Nnebisi Road, Asaba, between S.I.O. Industries Limited and the Plaintiff, the terms of which were affirmed by the Plaintiffs endorsement of the column therefore provided;

(2) the eminent O.F.R., S.A.N. subsequently engrossed the terms of the said proposed lease and caused the plaintiff to append his hand thereon-whereof shall be founded at trial;

(3) following therefore the Defendant forwarded to the Plaintiff a United Bank for Africa (UBA) PLC Cheque dated the 11th day of August, 1997 under cover of a letter dated 24th day of July, 1997 for the sum of N10,000,000.00 (Ten Million Naira) only as a deposit for the proposed lease.