Febson Fitness Centre & Anor V. Cappa Holdings Limited & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TANI YUSUF HASSAN, J.C.A (Delivering the Leading Judgment)

The Appeal is against the Judgment of the High court of Federal Capital Territory Abuja delivered on the 26th day of April, 2010 in suit No. FCT/HC/CV/1214/2006.

The case as shown from the Record was initially instituted under the undefended list when it was subsequently transferred into the general cause list and after exchange of pleadings, issues were joined between the parties.

The processes were amended by order of court. And the amended writ of summon and statement of claim dated 27/06/2006 were filed on 29/06/2006.

The facts of the case are that the 1st Respondent (as plaintiff at the Lower Court) sometime in the year 2002 was approached by 2nd Respondent represented by one Chief Emmanuel Nwude for supply and installation of some items totally N13,380,000.00k (Thirteen Million, Three Hundred and Eighty Thousand Naira) only to which the 2nd Respondent made initial payment of N2,000,000.00k (Two Million Naira) leaving a balance of N11, 380,000.00k (Eleven Million, Three Hundred and Eighty Thousand Naira) only unpaid.

The trial court determined the matter and judgment given in favour of the 1st Respondent gave rise to this Appeal.

The Appellants amended brief dated 31st day of March, 2014 was filed on the 1st day of April 2014. The Appellants amended Reply brief was dated and filed on 16/4/2014.

In the Appellants amended brief learned counsel for the Appellant Kehinde Ogunwumiju Esq identified four issues as follow:

ISSUE ONE

“Whether or not the suit culminating into this Appeal should be struck out for want of jurisdiction” (Ground 13).

ISSUE TWO

“Whether there was any privity of contract between the Appellants and the Respondents to warrant the liability extended to the Appellants by the Learned Trial Judge?

(Grounds 3, 4, 5 and 9).

ISSUE 3