Ezex Courier Services Limited V. Charles Ugwu & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment)

The appeal is in respect of the decision given by the High Court of Justice of Lagos State (the Court below) awarding the sum of N1 million for a breach of contract and another N1.25 million for the loss of certificates in favour of the respondents.

Stripped of details, the respondents had by their writ of summons claimed the return of the 2nd respondent’s certificates with N5 million general damages for breach of the contract to deliver the documents to her and, also, N5 million special damages, in the event the request for the return of the certificates could not be met by the appellant.

The gist of the evidence tendered at the Court below was that the 1st respondent arranged with the appellant to courier the certificates to one MR. AZENABOR IHENSEKHRAN at Ido-Ekiti for delivery to the 2nd respondent who was scheduled to attend an interview for employment with the Federal Medical centre, Ido-Ekiti on 03/09/07.

?The appellant failed to deliver the parcel as contracted; instead the appellant alleged it handed over the parcel containing the certificates to

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another courier company, Ekeson Parcel Services Limited, which allegedly delivered the parcel to one JAMES A.O. After waiting for a while the 1st respondent wrote a letter, Exhibit C2, to the appellant that the parcel did not reach the 2nd respondent. The appellant did respond to the letter, Exhibit C2.

The Court below accepted the evidence of the respondents and entered judgment for them as indicated at the beginning of the discourse.

The appellant was unhappy with the judgment and filed a notice of appeal with five (5) grounds of appeal challenging the said judgment.

In a brief of argument filed on 08/04/14, but deemed as properly filed on 07/05/15, the appellant identified these issues for determination:-

“(i) Whether the Trial Court was right in holding that the 2nd Claimant/Respondent was a proper party to the extant contract which is the subject of the suit that gave rise to this appeal?

(ii) whether the Trial Court was right in holding that there was breach of fundamental term of the contract between the parties by the defendant/appellant in view of Exhibit D1A and D1B respectively and consequent upon which damages for the sum

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of N1 million was awarded against the defendant/appellant in favour of the claimants/respondents?