Integrated Builders V. Domzaq Ventures Nigeria Limited. (2004)

LawGlobal-Hub Lead Judgment Report

IBIYEYE, J.C.A.

This is an appeal against the ruling of Kolade, J. of Ibadan Judicial Division of the Oyo State High Court of justice delivered on the 2nd day of March, 1993.

The ruling is sequel to a judgment based on a writ of summons taken out against two defendants with an accompanying affidavit dated 17th day of June, 1993, setting out the grounds upon which the claim therein (the writ of summons) is based. The claim endorsed on the writ of summons is as follows:

“The plaintiff’s claim against the defendants is for:

1. The sum of N422,000.00 (Four hundred and twenty-two thousand Naira) being the cost of the electrical cables supplied to the defendants which fell due for payment on February, 1993 and which the defendants have not paid despite repeated demands.
2. Interest on the said sum of N422,000.00 (Four hundred and twenty-two thousand Naira) at the rate of 15% per month from 20th February, 1993, until payment.”

The trial court in the absence of the defendants on the 10th of August, 1993, allowed the plaintiff to adduce evidence on the claim endorsed on the writ of summons (supra) followed by the address of the learned Counsel for the plaintiff. Based on the evidence of Mr. Idom Razak Omokeowa, the Managing Director of the plaintiff, the trial court entered judgment for the plaintiff, inter alia, as follows:

“This case has been entered in the undefended list. According to the affidavit of the bailiff each of the defendants was served with the writ of summons as well as the supporting affidavit on the 24th day of June, 1993. None of them has given any notice of intention to defend…

In the light of the above (probably of the evidence of the only witness for the plaintiff given in the absence of the defendants) I hereby enter judgment in favour of the plaintiff in the sum of N422,000.00 (Four hundred and twenty-two thousand Naira) being the cost of electrical cables supplied by the plaintiff to the 1st defendant which amount fell due for payment on 2nd February, 1993…”

In view of the foregoing judgment, the 1st defendant reacted by filing a motion on notice dated the 6th day of October, 1994.The 1st defendant sought the following reliefs from the said motion on notice:

“(i) An order setting aside the judgment delivered in this suit on 10th day of August, 1993, in so far as it concerns the 1st defendant.

(ii) Order setting aside the writ of summons and statement of claim served on the 1st defendant.

(iii) Staying execution of judgment delivered in this case.

And also take notice that the grounds upon which this application is brought and adjudicated are, inter alia, that:

(1) Neither the writ of summons nor the affidavit setting forth grounds upon which claim is based was served on the secretary to or Director of the 1st defendant at all, and

(3) The trial was in breach of the constitutional right of the 1st defendant to fair hearing”.