Ibeto Petrochemical Ind. Limited V. Total Nigeria PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment)

Present in this appeal are the legal principles to consider where a Notice to defend is filed and served by the Defendant in an action commenced under the Undefended List Procedure of Court. Prominent also is the ever recurrent question of when it can be said in the trial process that a given claim or action has disclosed a cause or reasonable cause of action.

The Respondent as Plaintiff at the Lower Court claimed against the Appellant as Defendant, the sum of Six Million (N6,000,000.00) Naira only being outstanding balance of payment in respect of a Plot or parcel of land situate and known as: ?CRD/ED1005 Lugbe 1 Layout? bought from the Plaintiff by the Defendant in October, 2012.

The claim was brought under the Undefended List Procedure of Court and was supported by an affidavit of seven (7) paragraphs sworn to by one Alhaji Mohammed Kakuri, the representative of the Respondent. In support of the Respondent?s claim there are attached three (3) Exhibits marked as Exhibits A, B & C. In opposition of the grant of the

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Respondent?s claim the Appellant filed a Notice of Intention to Defend dated 6th May, 2013. In the Notice of Intention to defend the Appellant particularly in Paragraphs 14 and 15 denied being indebted to the Respondent in the sum of Six Million (?6,000,000.00) Naira. The Appellant also made other denials.

By the judgment of the High Court of the Federal Capital territory Coram A. O. OTALUKA, J. delivered on the 9-5-2013, the Court held thus;

“?the Defendant is ordered to pay to the Plaintiff with immediate effect the balance of ?6,000,000.00 being outstanding money in respect of contract of sale of Plot CRD/ED 1005 located at Lugbe 1 Layout, Abuja.”

Dissatisfied with the judgment of the Lower Court the Appellant has appealed to this Court vide a Notice of filed on the 23-7-2013. There are two Grounds of Appeal filed at pages 22-24 of the printed records. The Grounds of Appeal are reproduced here without their particulars as follows;

GROUNDS OF APPEAL:

ONE;

The Lower Court erred in law in giving judgment to the Respondent against the Appellant for the sum of N6,000,000.00 ?being the

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outstanding money in respect of contract of sale of plot CRO/ED/005 located at Lugbe 1 layout, Abuja? when the Respondent?s case did not disclose any reasonable cause of action.