Faderera A. Akintola & Anor Vs B. Stabilini & Co. Ltd (1972)

LawGlobal-Hub Lead Judgment Report

UDO UDOMA, JSC

This is an appeal by the defendants against the judgment of the High Court of Lagos given on 14th April, 1969, for the plaintiff “in the sum of £8,316:16s:10d with £200 as general damages and 100 guineas costs.” There was also a cross-appeal by the plaintiff which arose in this way: Having filed their appeal to this court, the defendants applied for and were granted a stay of execution of the judgment appealed against. The plaintiff thereupon applied for and also obtained leave to appeal against the order for a stay and thereafter filed appropriate grounds of appeal. At the hearing of the main appeal, this subsequent appeal by the plaintiff was abandoned and accordingly dismissed.

The case – Suit No. LD/488/64 – the judgment wherein is the subject matter of this appeal was originally commenced against the late Chief S.L. Akintola by the plaintiff whose Writ of Summons was endorsed as follows:-

“Plaintiff’s claim against the defendant is for the sum of twelve thousand four hundred and eight pounds sixteen shillings and ten pence (£12,408: 16s:10) being the amount due in respect of a Building Contract executed in Lagos between the Plaintiff’s and the defendant on the 7th day of December, 1962. The Plaintiffs completed the construction of the building mainly at their own expenses.

PARTICULARS OF CLAIM

1.    Balance outstanding on the contract and cost of variations    …………….     £10,397.5.1d

2.     Cost of two new Book Shelves    …………….     11.11.9

3.    General damages for breach of  contract    …………….    2,000.0.0

The defendant has neglected inspite of his several promises to pay to the Plaintiffs the said sum of money despite repeated demands.”

Pleadings were ordered and duly filed and delivered during the lifetime of the original defendant – Chief S.L. Akinola. Having regard to the judgment of the learned trial Judge, the complaints of the appellants against it, and the fact that the case was heard after the death of the original defendant although it was fought by the defendants, now appellants, who were substituted therefor – the issues as settled on the pleadings appear to us to be of considerable importance. In this connection, we consider the averments contained in paragraphs 2, 3, 4, 5, 6 and 8 of the Statement of Claim and the answers thereto as contained in paragraphs 2, 3, 4, 5 6, and 9 of the Statement of Defence of particular material relevance.

Paragraphs 2, 3, 4 5, 6 and 8 on the plaintiff’s Statement of Claim are as follows:-

“2. By a Building Contract Agreement executed in Lagos on the 7th December, 1962, the plaintiffs undertook to complete the erection of the defendant’s house in Ogbomosho and the defendant agreed to pay £9, 200.

3. At the request of the defendant the plaintiffs had to carry out major additional works and variations including an office block, windows, doors, kirbs, gates, baths, garages, spring fountain, electrical wirings, balustrade and other costly items as shown in the plaintiff’s letters to the defendant dated 1st July, 1963, 16th September, 1963, 16th January, 1964, and 15th April, 1964, at a total cost of £29,708.16s.10d. The defendant made payments amounted to £19,300 leaving a balance of £10,408.16s.10d outstanding.

4. The plaintiffs completed the said works to the satisfaction of the defendant and submitted statements of account and demands for payment by registered correspondence and orally.