Lemit Engineering Limited V. Reynolds Construction Company Limited (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A.(Delivering the Leading Judgment)

This appeal is against the decision of the Oyo State High Court, sitting at Ibadan, delivered by I. S. Yerima, J on the 14th day of June, 2007 in Suit No: I/67/2000.

The Appellant as Plaintiff before the Oyo State High Court had taken out a Writ of Summons against the Respondent dated the 24/01/2000 and which Writ was superceded by a Statement of Claim dated the 09/10/2003 and filed on the 10/10/2003.

The said Statement of Claim was amended by leave of the Court below and filed on the 10/03/2005. By Paragraph 19(a) of the said Amended Statement of Claim, the Plaintiff/Appellant claimed the following reliefs:

(a) The sum of N60,000.00 (Sixty Thousand Naira) being the value of 4 Hi-tension poles belonging to the Plaintiff and destroyed by the Defendant as a result of their negligence.

(b) N3,790,000.00 (Three Million, Seven Hundred and Ninety Thousand Naira) being special and general damages for losses suffered by the Plaintiff as a result of the Defendants negligence.

The case of the Plaintiff/Appellant before the trial High Court was that,

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in 1993, it was awarded a contract by the Federal Government of Nigeria for the electrification of some towns in Osun State. That the contract was for the construction of a 33 K.V.A. overhead line from Orile Owu to Araromi Owu. That sometime in 1998 while at site in a place called Ago-Owu, a truck belonging to the Respondent (Reynolds Construction Company Limited) climbed over and destroyed 4 High-tension poles belonging to the Plaintiff/Appellant, and which poles were stacked off the road.

That, the Plaintiff/Appellants project supervisor reported the incident to the Respondents site supervisor who directed that the Appellant lodge his complaint to the Project-Coordinator. That a report was made to the said Project Coordinator who promised to pay for the damaged poles but never did so.

The Defendant/Respondent denied the Plaintiff/Appellants claims and further pleaded that the Oyo State High Court has no territorial jurisdiction to hear and determine the claim. Oral and documentary evidence were adduced by the parties at the trial. Counsel for the respective parties addressed the Court and in a judgment delivered on the 14th day of

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June, 2007, the learned trial Judge determined that the trial Court lacked the territorial jurisdiction to hear and determine the suit. The suit was accordingly struck out. It is on that reason that the Appellant has appealed to this Court.

The Original Notice of Appeal consisting of only one Ground of Appeal was dated and filed on the 07/10/2008 by leave of this Court granted on the 24/9/2008. The said Notice of Appeal was subsequently amended by leave of this Court granted on the 11/02/2015. This appeal has therefore been heard on the Amended Notice of Appeal dated and filed on the 16/2/2015 consisting of four (4) Grounds of Appeal. The parties then complied with the rules of this Court by filing Briefs of arguments.