Jadcom Limited & Anor V. Oguns Electricals (2003)

LawGlobal-Hub Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.C.A.

The respondent herein, was the plaintiff at the High Court of Justice, holden at Minna, Niger State. It was running some business under the registered name of Oguns Electricals. The appellants were the defendants.

The claim of the plaintiff against the defendants jointly and severally, was for:

(a) The sum of N550,500.00 being the balance of goods and labour supplied to the defendants remaining unpaid.

(b) Interest at the rate of 20% per annum from the 11/6/96, when the debts became due and payable up to the date of judgment and thereafter at the rate of 10% per annum, until the entire debt is finally liquidated.

(c) Plus substantial costs.

The facts giving rise to the above claim as contained in the printed record of appeal placed before this court briefly put, are that the plaintiff in 1994, in Minna, entered into an agreement with the defendants for the supply and installation of electrical materials at the Central Bank Quarters, then under construction in Abuja. The agreed cost of installing the electrical materials was N350.000.00 (Three hundred and fifty thousand Naira only) supplies of the equipments were effected through issuance of various LPO’s on different dates. There were further supplies outside LPO’s for different sums of money. The total costs of materials supplied to the defendants amounted to N461,500.00. The defendants paid the sum of N260,000.00 leaving a balance of N201.500.00.

The plaintiff claimed further, that the defendants did not pay any amount for the labour on the installation of the materials. The total balance unpaid therefore, including labour, amounted to N551,500.00 (Five hundred and fifty one thousand five hundred Naira only) as at 11/6/96.

The defendants filed a statement of defence denying all the claims.

They also counter-claimed. Paragraph 19 of the statement of defence contains the amount counter-claimed:
“19. Whereof the defendants counter-claim against the plaintiff the sum of N20,000.00 (Twenty thousand Naira) being cost of replacement of sub-standard wires used by the plaintiff and N100,000.00 (One hundred thousand Naira) as general damages.”

After settlement of pleadings, learned Counsel for the plaintiff applied to the trial court to set down the suit for hearing. The suit was set down for hearing on 26/11/96. On that date, learned Counsel for the plaintiff was in court, the defendants and their counsel were not in court. The suit was fixed for hearing on the 3/12/96. On this date, the plaintiff and his counsel were in court. Defendants were not in court but one Mr. C.C. Ofule held Akin Adewale’s brief for the defendants. Hearing commenced on that day with the plaintiff testifying as PW1.

He concluded his testimony that day. Cross examination by defendants’ counsel and continuation of hearing were (reserved) adjourned to 28/1/97. On 28/1/97, learned Counsel for both parties were in court. They agreed to take another date for the cross-examination and they were given the 4/2/97. It is my observation that there is nothing in the record, except what learned Counsel for the appellants said in his brief that informs us of what transpired on the 4/2/97. The next date the trial court sat was the 10/3/97. The plaintiff was in court in person. There is nothing to indicate that his counsel was in court. However, learned Counsel for the defendants was in court. The trial court re-fixed the matter for 17/3/97 for cross-examination. On 17/3/97, the plaintiff and his counsel were in court. The defendants and his counsel were not in court.

Learned Counsel for the plaintiff made the following observation:
“Mr. Eze: the matter is for the cross-examination of the plaintiff by the defendant. They are not in court and no explanation is offered. In the absence of any such explanation we close our case.

The learned trial Judge remarked:
“COURT: That is noted. Judgment shall be given on 19/3/97.
On the 19/3/97, judgment was delivered by the learned trial Judge in which he entered judgment in favour of the plaintiff in the sum of N550,500.00 plus N1000.00 costs. He made no order in respect of the claim for interest on the judgment sum. On the counter-claim filed by the defendants, the learned trial Judge found that there was no proof in respect thereof and he dismissed it.