Global 2i Limited v. Fegmatech Communications Limited (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the leading judgment)

This is in respect of an appeal against the judgment of the High Court of the Federal Capital Territory, holden at Abuja delivered on the 5th July, 2019 by Bello Kawuy, J.

Following a disagreement between the parties on payment for a contract awarded by the appellant to the respondent, the respondent took out a writ of summons at the lower court wherein it sought the reliefs contained in paragraph 22 of the statement of claim on page 5 of the record of appeal thus:

a. The sum of N113,000,000 being the outstanding sum on the price of job completed.

b. The sum of N100,000,000 (One Hundred Million Naira) being general damages for breach of agreement to pay for completed jobs as contained in the terms of payment.

c. N10,000,000 being fees to solicitors to recover the debt due to the refusal of the defendant to pay the contract sum on demand by the plaintiff.

d. Interest on the judgment debt at the rate of twenty per cent per annum from the day of judgment until the final liquidation of the judgment sum.

e. Cost of this suit.

The appellant entered a conditional appearance and filed a preliminary objection to the action. It also filed a statement of defence and counter-claim in response to which the respondent filed a reply to the statement of defence and defence to counter-claim.

However, on the date fixed for trial, only the respondent was represented upon which hearing commenced with the evidence in chief of the sole witness for the respondent and cross-examination was adjourned till another date.

On the date fixed for cross-examination of the respondents sole witness, the appellant was once again unrepresented upon which cross-examination and defence were closed with the case adjourned for final address.

After taking final address without the presence of the appellant, judgment was reserved till the 5th July, 2019. In the said judgment which was subsequently delivered, the learned trial Judge outlined the facts and adduced evidence and upon a finding that the matter was under the Undefended List and that the appellant had failed to file a notice of intention to defend, entered judgment for the respondent in terms of all its reliefs.

Dissatisfied, the appellant invoked the appellate jurisdiction of this court via a notice of appeal filed on the 30th August, 2019 which was amended via the amended notice of appeal filed on the 24th January, 2024 containing five grounds.

At the hearing of the appeal, Mr. Million adopted the appellants brief of 24th January, 2024 and reply brief filed on the 15th April, 2024, both briefs having been deemed properly filed and served on the 25th June, 2024 as the arguments of the appellant herein while Dr. Agidi adopted the respondents brief filed on the 22th February, 2024 but equally deemed properly filed and served on the 25th June, 2024 as the arguments of the respondent.