Ilorin East Local Government V. Alh. Woli Alasinrin & Anor. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the S. D. Kawu (Ag. CJ) of the Kwara State High Court in Suit No. KWS/277/2010, delivered on 1st February, 2011, wherein the learned trial judge gave judgment for the Claimants in a suit earlier placed on the undefended list. The claimants, (now Respondents), had filed the suit against the Appellant (who was defendant at the court below), seeking the payment of N11,492,151.00, being balance of a contract sum and 10% interest, thereon, until the judgment sum was finally liquidated.

The Appellant’s Notice of Intention to defend and affidavit thereto did not save the situation, because, after considering the affidavit evidence and the Exhibit C, (a document from the Appellant) the Court concluded that there was no defence to the claim, and gave judgment to the Respondent.

Dissatisfied, Appellant brought this appeal, as per its Notice and Grounds of appeal filed on 31/3/2011, wherein the Appellant raised three (3) grounds of appeal as follows:

“GROUND ONE:

The trial court erred in law when it solely based it’s judgment on Exhibit ‘C’ which is the public document attached by the Claimants/Respondents to their affidavit in support of suit under undefended list without due certification of same as required by law.

PARTICULARS OF ERROR IN LAW:

(a) The Claimants/Respondents brought this claim under undefended list for unpaid balance of the sum of N11,492,151.00 against the Defendant/Appellant.

(b) Exhibit ‘C’ attached to the Claimants/Respondents’ affidavit in support of the writ of summons was the purported extract of the Claimants/Respondents’ file with the Defendant/Appellant describing the transaction between the parties.

(c) Exhibit ‘C’ is regarded as public document which requires certification by the Claimants/Respondents

(d) Exhibit ‘C’ was not so certified by the Claimants/Respondents.

(e) The trial court heavily relied on the said Exhibit ‘C’ in its judgment.

(f) This error occasioned miscarriage of justice against the Defendant/Appellant.

GROUND TWO: