Ebonyi State University & Anor V. Mr. Nwudele Ifeanyi & Anor (2016)

LawGlobal-Hub Lead Judgment Report

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. 

 This is an appeal against the ruling of the Ebonyi State High Court sitting at Abakaliki (hereinafter referred to as the ?Lower Court?), delivered by Hon. Justice John Igboji, J., on the 28th day of February, 2013. The suit which gave rise to this appeal, was instituted by the plaintiff/respondent vide a writ of summons and statement of claim, both filed on the 21st day of June, 2012; wherein the plaintiff/respondent claimed against the defendant/appellant for the following reliefs:
(a) AN ORDER entering judgment in favour of the plaintiff: directing the 1st and 2nd defendants to pay to the plaintiff jointly and severally, the sum of N3,146, 000.00 (Three Million, One Hundred and Forty-Six Thousand Naira only) inclusive of the N350,000.00 (Three Hundred and Fifty Thousand) cost of the additional 50 iron protectors/balustrades used in perimeter concrete fencing of CAS,) being the total outstanding unpaid balance of the debt the defendants owe the plaintiffs for the various building materials and allied products the plaintiff supplied to the

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defendants on demand which the defendants ordered and were supplied through the 1st defendant?s Project Management Committee under the chairmanship of the 3rd defendant who officially acknowledged those supplies.
(b) An Order directing the 1st and 2nd defendants to pay the plaintiff jointly and severally the sum of N10,000.000.00 (Ten Million Naira), being special damages arising from losses of profit/incomes the plaintiff ought to have realised in using that money in carrying on his business if the defendants has paid the said debt to the plaintiff as and when fallen due; the service charges the plaintiff paid to the counsel to prosecute this action; the interest rate the plaintiff pays to his bankers monthly on the bank loan he procured to effect those supplies to the defendants since 2008, the contract between the parties started.
(c) An Order directing the 1st and 2nd defendants to pay to the plaintiff jointly and severally the sum of N2,000,000.00 (Two Million Naira), being general and exemplary damages against the mischievous refusal of the 1st and 2nd defendants to pay to the plaintiff for the goods the 3rd defendant (an accredited agent

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of the 1st and 2nd defendants fully acknowledged in writing).
(d) AND for such order or other orders as this Honourable Court may deem fit to make in the circumstance.?

?The facts of the case were that; the plaintiff/1st respondent asserted that pursuant to an offer, he supplied building materials worth N6,003, 860.00 (Six Million, Three Thousand, Eight Hundred and Sixty Naira). The plaintiff/1st respondent averred that defendants after several pleas and demand letters, grudgingly paid him the sum of N3,207,860.00 (Three Million, Two Hundred Thousand, Eight Hundred and Sixty Naira), leaving the balance of N2,796,000.00 (Two Million, Seven Hundred Thousand and Ninety Six Thousand Naira) unpaid. The plaintiff/1st respondent further averred that pursuant to a separate order/demand, he supplied the 1st defendant/appellant another set of goods worth N350,000.00 (Three Hundred and Fifty Thousand Naira), which said sum also has not been paid to him. He averred that the total debt being owed to him by the defendants amounted to N3,146,000.00 (Three Million, One Hundred and Fifty-Six Thousand Naira). Consequent to the said claims, the defendants filed their

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respective statement of defence. The 1st and 2nd defendants/appellants statement of defence was filed on the 11th day of July, 2012, wherein they denied the said debt and pleaded that the claim of the plaintiff/1st respondent was statute barred; and the defence of res judicata. The 3rd defendant/2nd respondent on his own part filed his statement of defence on the 5th day of November, 2012, wherein he admitted all the averments of the plaintiff/1st respondent.

?The 1st and 2nd defendants/appellants brought a motion on notice, filed on the 11th day of July, 2012 and thereby challenged the Lower Court?s jurisdiction to hear the said suit on the ground that the plaintiff/1st respondent?s claim was statute barred and that the case has been previously heard by another High Court Judge and determined on the merit (that is, he raised the plea of res judicata); wherein it was found that the claim of the plaintiff/1st respondent was statute barred, pursuant to Section 31 (2) of the Ebonyi State University Law, 2009. The parties duly filed their respective affidavits, counter affidavits and written addresses in support and opposition to the said motion.

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After due consideration of all the processes filed before him, the learned trial judge dismissed the said application/ motion.

The 1st and 2nd defendants/appellants were not satisfied with the said ruling. They caused an appeal to be lodged against the same, vide a notice of appeal filed on the 12th day of March, 2013. They appealed against the said judgment on five (5) grounds of appeal, which are reproduced below without their particulars.
?GROUND ONE:
The learned trial Judge erred in law when he held that the action of the 1st Respondent was not statute barred having regard to Section 9 of the Limitation Law (Cap 102) Laws of Ebonyi State of Nigeria, 2009.
GROUND TWO: The learned trial Judge erred in law when it held that Suit No. HAB/49/2012 does not in any way amount to re-litigation of Suit No. HAB/24/2012.
GROUND THREE ? MISDIRECTION IN LAW
That the learned trial judge misdirected himself when he held that by reason of Section 9 of the Limitation Law, Laws of Ebonyi State of Nigeria 2009, Section 31 (2)1 of the Ebonyi State University Law was not applicable to Suit No.

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