Eastern Breweries Plc, Awo Omamma & Ors V. Henry Nwokoro (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice P. C. Okoli of the Imo State High Court sitting in the Oguta Judicial Division of the Court. The said judgment was delivered on the 24th day of November, 1992 wherein the learned trial Judge gave judgment for the Plaintiff/Respondent.

The Respondent as Plaintiff at the Lower Court brought an action against the Appellants as Defendants for malicious prosecution and claim against them jointly and severally the sum of N50, 000.00 (Fifty Million Naira) being special and general damages particulars of which was given at paragraph 12 of the Statement of Claim filed on the 4th day of February, 1992 as follows:

PARTICULARS OF SPECIAL DAMAGES

1. Loss of business whilst attending Court at the rate of N5, 000.00 for each day the Plaintiff attended Court. Total number of appearances in Court was 16 days x 5,000.00: N80, 000.00
2. Cost of Crank shaft N32, 000.00
3. Cost of defence as specified in the bill of P C Onumajulu and Co. – N15, 000.00
4. Loss of use of the Mercedez Lorry Reg. No. IM 4089M from which the said crank shaft was removed at the rate of N1, 000.00 per day for 692 days it was not in use by Plaintiff is from 26th/1/90 when it was removed to 19th/12/91 when it was released – N692,000.00.

Total Special damages – N 819,000.00

General damages – N 49,181.00

Grand Total – N50, 000,000.00

The Appellants were served with the statement of Claim on the 6th day of February, 1992 and entered appearance on the 13th day of February, 1992. The Appellants did not file a Statement of Defence and on the 29th April, 1992, the Respondent filed a motion for judgment in default of pleadings. On the 11th day of May 1992, the Appellants filed a motion for extention of time to file their Statement of Defence. The said application was granted on the 21st day of May, 1992 and the Appellants were given 21 days to file their Statement of Defence. The Appellants did not file their Statement of Defence within the time extended.

On the 1st day of July, 1992, the Respondent filed another motion for judgment in default of pleadings. The Appellants again filed a motion for extension of time to file Statement of Defence. On the 13th July, 1992, the said application was granted and the Appellants were given 30 days within which to file their Statement of Defence and the matter was adjourned to 17th September, 1992 for mention.

The Appellants filed their Statement of Defence on the 23rd September, 1992 which they claimed was filed within the 30 days period granted by the Court.

Due to the absence of the Appellants and/or their counsel, the matter was adjourned from 17th September, 1992 to 13th October, 1992 for hearing. On that date, the Appellants were absent and the matter was further adjourned to 15th/10/92 for the Respondent to prove his case. The Respondent testified on the 15th/10/92 and closed his case. The Counsel addressed the Court and judgment was given for the Respondent on the 24th day of November, 1992.

Being dissatisfied with the said judgment, the Appellants have now appealed to this Court vide a Notice and Grounds of appeal filed on the 2nd January, 1993 upon a lone ground of appeal. With the leave of this Court granted on the 7th April, 2003, the Appellants filed an Amended Notice of Appeal. The Amended Grounds of Appeal are hereby reproduced without their particulars, to wit:-

GROUNDS OF APPEAL

1. The learned trial Judge erred in law in giving judgment in favour of the Plaintiff in the absence of the Defendants and their Counsel ever though no hearing notice was issued to the Defendants or their Counsel.
2. The learned trial Judge erred in law and on facts when in this judgment, he stated that the Defendants did not file any statement of Defence.
3. The learned trial Judge erred on facts and in law in awarding special damages of N819, 000.00 and general damages of N200, 000.00 to the Plaintiff.

Parties filed and exchange briefs of argument as it is the practice in this Court. In the Appellants’ brief of argument settled by Chief K. K. Ogba, Esq. 3 issues were distilled for determination, to wit:-