Igwem & Co. Ltd & Anor V. Mrs. Clementine Igwebe (2009)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI, J.C.A.

This Appeal is against the Judgment of the High Court of the Federal Capital Territory Coram S.E. Aladetoyinbo J, delivered on the 18th day of July, 2006.

The Plaintiff/Respondent took out a Writ of Summons in the High Court of F.C.T. on the 23rd day of February 2001 claiming the following:-

“2. A declaration that the Defendants have breached the contract entered into with the Plaintiff for the completion of her 2 Nos. buildings situate at Plot 785, Wuse II, Abuja.

2. An Order of this Honourable Court compelling the Defendants, jointly and severally, to refund to the Plaintiff the sum of N10, 391.84 received from the Plaintiff for the completion of her buildings which was not done and interest on the said sum at the rate of 21%per annum from 1st September 1998 until judgment is delivered and thereafter at the rate of 5% until the judgment sum is liquidated.
3. The sum of N51, 000, 000 (Fifty one Million Naira) as Special and general damages for breach of contract.
4. The cost of this action,”

By a Motion on Notice dated 2nd May, 2001, the 2nd Defendant/Appellant brought an application praying the lower Court to strike out his name from the Suit on the ground that he was an agent of 1st Defendant/Appellant and that the contract, the subject of the suit, was between the Plaintiff/Respondent and the 1st Defendant/Appellant, The lower Court dismissed the 2nd Defendant/Appellant’s application and the Defendants/Appellants filed a joint statement of defence Counter-Claim and the case proceeded to trial, at the end of which the learned trial Judge dismissed the Plaintiff/Respondent’s claim of N51, 000.00 for Special and general damages but awarded in favour of the Plaintiff/Respondent special damages of N4, 607, 236.3K plus 10% annual interest with effect from the 5th day of March, 1998 till 18th July, 2006 as well as 10%annual interest on the principal sum with effect from the 18th day of July, 2006 till the judgment is liquidated.

The Defendants/Respondents being dissatisfied with the Judgment of the lower Court instituted this Appeal.

Parties have exchanged their Briefs. The Appellants’ Brief of Argument dated 16th April, 2008 was filed on the same date whilst the Respondent’s Brief of Argument dated 24th July, 2008 was filed on the 25th day of July, 2008.

From the thirteen grounds of Appeal contained in the Notice of Appeal, eight Issues are distilled on behalf of the Appellants for the determination of this Appeal. They are as follows:-

“1. Whether the Honourable Court was right to use figures not supported by any evidence or exhibit before it in arriving at its judgment.

2. Whether or not the trial Court correctly evaluated the documentary and the witnesses’ evidence before it.
3. Whether the trial Court was correct to found that the Appellants ignored the Respondent’s request for an account and complicated the matter thereby rendering the Court incapable of determining the quantum of work carried out by the Appellant and doing justice to the parties.
4. Whether the court was right to find for the Appellants an amount exceeding her claim before the Court.
5. Whether the Respondent entered into a new contract with the 1st Appellant in 1997 and monies paid before exhibit A was made irrelevant to the case.
6. Whether the Court was right to hold that the Appellant did not obtain express or implied permission of the Respondent before utilizing the balance of the one million Naira.
7. Whether the Court was right to hold that Exhibit Y debriefing the Appellant was made after the Respondent completed the Houses.
8. Whether or not the learned trial Judge was right in finding both the 1st and 2nd Appellants jointly liable.”

On behalf of the Respondent, a lone issue was formulated for the determination of this Appeal and it reads thus:-

“Whether or not the learned trial Court correctly and properly evaluated the evidence before it.”

I have carefully perused the Record of Appeal and the issues distilled by both parties for the determination of this Appeal and I am of the opinion that the following issues shall determine this Appeal. They are as follows:-

“(i) Whether or not the trial Court correctly evaluated the documentary and the witnesses’ evidence before it.

(ii) Whether the Court was right to find for the Appellants an amount exceeding the Respondent’s claim before the Court.