Moses Raphael v. Ubamacco Ventures Limited (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Jos Judicial Division (hereinafter addressed as the lower court), delivered on the 2nd August, 2017, Coram: Uchechukwu Onyemenam, JCA, E.O. Williams-Dawodu, JCA, and Habeeb Adewale O. Abiru, JCA, (now JSC), in appeal No: CA/J/157/2016.

The lower court, in its decision affirmed the judgment of the High Court of Justice, Jos, Plateau State (hereinafter addressed as the trial court), in suit No: PLD/J296/2013, delivered by Hon. Justice P.D. Damulak (C.J.), on 27th July, 2015, wherein it entered judgment in favour of the plaintiff now respondent.

The facts of this case are summarized thus:

The defendant now appellant was in the employment of the plaintiff now respondent, a Limited Liability Company with its registered office at Jos, Plateau State. The appellant in the cause of his employment was assigned goods to sell and after the goods were sold, he (the appellant) converted part of the proceeds (money belonging to the respondent), to the tune of N878,022.00 (Eight Hundred and Seventy-Eight Thousand and Twenty-Two, Naira) into his personal use without the consent of the respondent.

The appellant in writing admitted his conversion of the said money to his personal use and made an undertaking/promise via a letter dated 3rd March, 2012, to refund the said money on or before 10th March, 2012, but never kept to his written promise/undertaking, (see exhibit 3 at page 10 of the record).

A demand letter dated 12th June, 2013, by the respondents counsel was served on the appellant, yet the appellant still refused/failed to refund the said money.

Upon this failure, the respondent as the plaintiff filed an action before the trial court on the 26th June, 2013 and claimed against the defendant now appellant as follows:

a. The sum of N878,022 the defendant converted to his personal use, after selling Cadbury products assigned to him by the plaintiff.

b. 10% post-judgment interest until the entire judgment sum is fully paid.

c. The cost of this action.

The trial court heard the parties and gave its judgment on the 27th July, 2015, in favour of the respondent, against the appellant. The judgment of the trial court is at pages 76 – 91 of the record of appeal).

Aggrieved by the decision of the trial court, the appellant appealed against the said judgment to the lower court. The lower court, after hearing the appeal of the appellant, gave its judgment on the 2nd August, 2017, wherein it affirmed the decision of the trial court.

Still dissatisfied with the judgment of the lower court, the appellant now appealed to this court via an amended notice of appeal filed on the 27th February, 2019 and deemed to be properly filed and served on 29th February, 2019.