Lemna Energy Resources Limited V. Engr. Mukaila Musa (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of High Court of Lagos State, Ikeja judicial division, which was delivered by the Honourable Justice O. A. Taiwo on May 11, 2010 in suit No. LD/168/2008. By the said decision, the court below dismissed the Appellant’s application seeking to strike out the suit of the Respondent for non-disclosure of cause of action, and for being improperly constituted.

On February 21, 2008, the Respondent instituted the suit, vide a writ of summons and statement of claim, in the court below against the Appellant for wrongful termination of employment. By the said statement of claim thereof, the Respondent sought the following reliefs:

(d) AN ORDER of special damages in the sum of N7,125,000 – being the claimant’s due professional fees;

(e) AN ORDER of special damages in the sum of N375,000 – being balance due on claimant’s salaries and

(f) AN ORDER of general damages in the sum of N2,000,000 for the defamation of the claimant.

On April 4, 2008, the Respondent filed in the court below an application seeking an order entering final judgment against the Appellant in default of appearance and defence.

Consequent upon the said application, the lower court delivered judgment on September 5, 2008, to the following conclusive effect:

I have carefully considered the application of the Claimant/Applicant in this case … The Defendant did not enter appearance nor did he file a statement of defence although duly served, therefore the averments in the Claimants affidavit in support of the motion remain uncontroverted.

The court therefore has no option but to accept the unchallenged evidence of the Claimant.

I therefore enter judgment for the Claimant as per the writ of summons and statement of claim as follows:

1. The Defendant is hereby ordered to pay special damages in the sum of N=4,275,000.00
2. The Defendant is hereby ordered to pay special damages in the sum of N=375,000.00 being balance due on Claimant’s salaries and
3. The Defendant is hereby ordered to pay N50,000.00 as general damages

Cost is awarded to Claimant at N2,000.00

Ironically, however, the judgment in question was aborted. As borne out by the record of appeal of pages (page 168-176), the court below, in the ruling thereof delivered on May 8, 2009 found, as a matter of fact, that the “Claimant obtained judgment against the wrong Defendant”.

Not unexpectedly, the lower court came to the conclusion, thus: