Martin Schroder And Co. V. Major And Company (Nigeria) Ltd. (1989)

LawGlobal-Hub Lead Judgment Report

Wali, J.S.C 

On the 28th day of November, 1988 after hearing learned counsel for the appellant in elaboration of the Brief of Arguments in support of the appeal, and without calling upon learned Counsel for the Respondent, the appeal was summarily dismissed and reasons for doing so were reserved to today. I now proceed to give my reasons.

By a specially Endorsed Writ taken out in the Lagos High Court under the provision of Order 3 Rules 4 & 5 of the High Court of Lagos State (Civil Procedure) Rules, the appellant as plaintiff claimed from the Respondent as Defendant as follows:

“STATEMENT OF CLAIM”

“1. The plaintiff drew a Bill of Exchange at Hamburg, Western Germany, dated 8th November, 1975, for DM 24, 703.40 with interest at the rate of 1 % per month payable to the plaintiff on 6th February, 1976, which said Bill the Defendant duly accepted.

2. On or about the 6th February, 1976, the plaintiffs agents in Lagos, the Union Bank of Nigeria Limited, Yaba Branch, Lagos, presented the said Bill for payment but it was dishonored by the Defendant.

Particulars

(i) Principal sum of the Bill of Exchange DM 24,703.40

(ii) Interest at 1 % per month from 6/2/76

to 31/1/82 (2,187) days 18,007.75

Total amount due as at XXX

31/1/82 DM42,711.15

And the plaintiff claims against the Defendant as acceptor:

1. The said sum of DM 42,711.15
2. Interest at 1% per month on the said sum of DM 24,703.40 from the 1st day February, 1982, until the judgment debt is fully settled.”

The writ was purported to have been duly served on the Defendant on 23/2/1982 at 2 p.m. at his Address of Business, No. 44 Burma Road, Apapa, by one Victor Akehika, a bailiff of the Lagos High Court as evidenced by the affidavit sworn to by him on 4th June, 1984.

The Defendant did not enter appearance to the writ within the time allowed, hence no defence was delivered. The plaintiff, in accordance with provision of Order 10 Rule 1 of the High Court of Lagos (Civil Procedure) Rules, applied to the Judge in Chambers for leave to sign judgment as per his writ. This was granted and judgment was entered for the plaintiff against the Defendant in the sum of N11,935.15 (the equivalent of DM 42,711.15) plus interest at the rate of 1% per month on the sum of N6,903.09 from 1st day of February, 1982 until the whole debt is liquidated. The plaintiff was also awarded N183.00 costs and N14,209.11 and N200.00 as incidental expenses.