Jackie Phillips Photos Ltd. v. Far East Mercantile Co. Ltd (1974)

LawGlobal-Hub Lead Judgment Report

D. O. IBEKWE, J.S.C 

This is an appeal from the decision of the Lagos High Court, Lambo J., as he then was, allowing the plaintiffs’ claim for damages for wrongful execution against the defendants.

The facts of this case are interesting. As is sometimes the case in the business world, one Jackie Phillips, who is the principal actor in this case, is reputed to be the founder of the following inter-locking companies:- (1) J.P. Investment Ltd., (2) Jackie Ltd., (3) Viewcards Ltd., and (4) Jackie Phillips Photos Ltd. As a matter of fact, the last-named company, Jackie Phillips Photos Ltd., is virtually owned by him. In the words of Jackie Phillips himself:

“In the Plaintiff/Company I hold 99%, the remaining share is owned by my sister-Lydia Oyedele.”

It happened that Jackie Phillips was a defendant in Suit L.D. 123/67 in which the Far East Mercantile Co. Ltd., the present defendants were the plaintiffs. Judgment was given in favour of the plaintiffs in that case against Jackie Phillips personally. When however, the judgment debtor (Jackie Phillips) failed to satisfy the judgment debt, the present defendants in their capacity as the judgment creditors in the former suit, took out a writ of fieri facias against him.

It is relevant to observe here that at the time the writ of execution was issued, Jackie Phillips, the judgment debtor-was also the Managing Director of Jackie Phillips Photos Ltd., a limited liability company who are the plaintiffs in the present case. Incidentally, the plaintiffs’ principal witness at the trial of the present action was ‘this same Jackie Phillips. Part of the evidence given by him, and which was accepted by the learned trial Judge, was to the effect that nearly all the goods in the premises which he then occupied belonged to the plaintiffs, Jackie Phillips Photos Ltd., and not to him personally.

On the 26th September, 1967, the bailiff, acting on behalf of the Far East Mercantile Co. Ltd., the present Defendants, who as we have already remarked, were the judgment creditors in the former case (suit No. L.D. 123/67) levied execution on, and places under seizure, several articles found at the premises of Jackie Phillips, the Managing Director of Jackie Phillips Photos Ltd., (the plaintiffs in the present case). It was stated in evidence by the plaintiffs that, throughout the operation, both the bailiff and the defendants were repeatedly warned that the properties upon which they were levying execution belonged not to Jackie Phillips personally, but to the company; but that the defendants were adamant. The plaintiffs’ story on this point was accepted by the learned trial judge.

On the 24th day of January, 1968 the plaintiffs, Jackie Phillips Photos Ltd., commenced this action against the defendants, the Far East Mercantile Co. Ltd., claiming “fifteen thousand pounds (15,000) being special and general damages for wrongful and malicious execution levied on attachment of, or trespass to, the plaintiffs’ goods on the 26th September, 1967.” The plaintiffs also set out the particulars of special damages suffered by them as follows:

“1. Special Damages:

(i)Loss of Commission 6,000…d

(ii) Repairs to boat 212:15…d

(iii) Repairs to trailer 35…….d

(iv) Cost of Three chairs and one divan damaged 298….d

Cost of repairingdamaged T.V. Set