Mosheshe General Merchant Ltd V. Nigeria Steel Products Ltd (1987)

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ANIAGOLU, J.S.C.

The narrow issue in this appeal is as to the binding nature of a solemn admission made before pleadings were served, by Counsel, on behalf of his client.

The facts are clear and simple. The Respondent was the plaintiff in the High Court while the Appellant was the defendant. In the Warri High Court of the Bendel State Judiciary, the plaintiff took out a writ of summons against the defendant claiming as follows:

“The Plaintiffs claim is for the sum N304,574.00 being the balance of payment in respect of goods sold and delivered by the plaintiff to the Defendant in Warri, Bendel State between February 1976 and June 1977, on account of the Defendant’s request. The plaintiff also claims interest at the rate of 6% per annum to the date of judgment, and thereafter, at 5% until total debt and costs is liquidated. Dated at Warri this 3rd day of January, 1979.”

On 5th February, 1979, the case came before Akpata, J. (as he was then) who ordered pleadings in these words:

Court: Pleadings ordered: Plaintiffs to file their statement of claim within twenty-four hours. The Defendants are to file their statement of Defence 30 days on being served with the statement of claim.

Case adjourned to 28/3/79 for hearing.

(Sgd.) E.I. Akpata

JUDGE, 5/2/79.”

On 28 April, 1979 to which date the case was adjourned, the parties and their Counsel were present. It was on this day that admission was made by the defendants through their Counsel. For its importance, I reproduce the proceedings of that day as recorded in the record of proceedings:

“BEFORE THE HONOURABLE JUSTICE E.I. AKPATA,

JUDGE: AT WARRI.

ON TUESDAY THE 24TH DAY OF APRIL, 1979.

SUIT NO. W/5/79: