Mr. Kwasi Karikari Adusei & Anor. V. Mr. Toyin Adebayo (2012)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

Appellants hail from Ghana but reside in Nigeria. In 1991 they founded a school they called International Nursery and Primary School in Gboko, Benue State. The Appellants had some problems with the Benue State Ministry of Education over the registration of the school. The school was blacklisted as illegal by the Ministry of Education on the ground that it was not registered. It was closed down.

In their desire to secure the necessary registration and reopen the school, the foreigners invited the Respondent to help them. With the intervention of the Respondent, the school was registered and reopened, and operated by the parties. Greed crept into the relationship between the appellants on one hand and the Respondent, on the other hand. As a result of the ensuing dispute, the Respondent sued the Appellants in the High Court of Benue State holden at Gboko. He claimed the following reliefs against the Appellants:

“(i) A declaration that he is the sole proprietor of the school called Gboko International Nursery and primary School.

(ii) An order of the court directing an audit of the school finances between January, 1995 till judgment.

(iii) An order directing the Defendants to refund any unauthorized money spent by them.”

Appellants, as defendants, counter-claimed as follows:

“(i) That the defendants are the founders of Gboko International Nursery/Primary School and as such entitled to be declared joint owners of the said school.

(ii) A declaration that the plaintiff is an employee of the defendants as nominal proprietor of the school.

(iii) An order directing the plaintiff to render accounts of the differences of N11,000.00 and N33,000.00 which he did not bank as directed by the school.

(iv) An order directing the plaintiff to surrender all school properties in the plaintiff custody to the defendants.

(v) An injunction restraining the plaintiff by himself, heirs, servants, agents or whomsoever from further interference with defendants’ smooth administration of the school.

(vi) Any other order(s) this Honourable Court may deem fit to make in the circumstances.”

The case was tried on the amended pleadings of the parties. In its judgment delivered on 14th October, 1999 the trial Court entered a non suit in both the main claim and the counter-claim. Both parties were aggrieved by the judgment and consequently the Respondent appealed and the Appellants cross-appealed to the lower Court; Jos.