Ikeduru Local Government Area V. Barr. Kenneth C. Uzoechi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of High Court of Imo State, sitting at Iho, whereby the Defendant/Appellant was ordered to pay to the Respondent/Plaintiff the sum of N3, 892,444.30 as claimed, including interest at the rate of 10% per annum from October, 2007 till the 23rd day of October 2008.

The facts briefly stated here are that by a writ of summons dated the 25th day of July 2008 and filed on the 28th day of July 2008, the Respondent as plaintiff in the lower court brought an action against the Appellant as defendant in the court below claiming as follows:

“1. The sum of N3, 892,444.30 (Three Million, Eight Hundred and Ninety Two Thousand, Four Hundred and Forty Four Naira, Thirty Kobo, only), being debt resulting from unpaid salary and allowances for September, 2007 due to the plaintiff from the defendant made up as follows:

(a) Salary N292,444.30

(b) Imprest N450,000.00

(c) Entertainment N500,000.00

(d) Utility N500,000.00

(e) Security Vote N700,000.00

(f) Vehicle Maintenance N450,000.00

N3, 892,444.30

2. Interest at the rate of 10% per annum from October 2007 until Judgment.”

The writ of summons was supported by a 16 paragraphs affidavit sworn to by the Respondent on pages 3 – 8 of the record of appeal.

The second Notice of Appeal is found at page 23 – 25 of the record and the Appellant relies on same and withdraws the notice of appeal filed on the 2nd day of October, 2008. On the 29th day of July 2008, the Respondent urged the lower court by an oral application to place the suit on the undefended list The lower court did same but failed to record the date fixed for the hearing of the case. See page 9 of the record of appeal.

The appellant claims that they were not properly served and secondly that the Respondent did not give to the Appellant the statutory one month pre-hearing notice pursuant to Section 164(1) of the Imo State Local Government Administration Law No 15 of 2000.