MR. P.D.O Okereke & Anor V. Aba North Local Government Authority (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of High Court of Abia State contained in the judgment of Hon. Justice O. A. Otisi delivered on the 12th day of March, 2003.

The Appellants as Plaintiffs had approached the High Court of Abia State Aba Judicial Division on 4th day of July, 1997 for the issuance of writ of summons against the Respondent wherein they claimed against the said Respondent for the following reliefs namely:

“1. A declaration of the Honourable court that the failure of the Defendant to comply with the terms of the agreements dated the 22nd day of June, 1992 and the 27th day of July, 1992 amounts to a breach of contract on the part of the Defendants.

2. The sum of N7,000.000.00 (Seven Million Naira) being special and general damages resulting to the Plaintiffs from the Defendant’s breach of contract evidenced in the agreements between the Plaintiffs and the Defendant dated the 22nd day of June, 1992.”

The writ was issued out on 7th day of July 1997. The Respondent was duly served but it did not enter appearance and no Defence was filed.

The Appellants amended their statement of claim pursuant to the leave granted in that behalf by the lower court. The amendment was effected on 9th May 2001. In paragraph 18 of the said Amended Statement of Claim the Appellants claimed the following reliefs viz:

WHEREOF the Plaintiffs are damnified and they jointly claim against the Defendant the sum of N7,000,000.00 (Seven Million Naira) as special and general damages against the Defendant.

PARTICULARS OF SPECIAL DAMAGE

a. The Plaintiffs employed the service of the following from the 25th day of June 1992 to the 28th day of July 1992 at the following rate:

i. One excavator machine for N125,000.00 (One Hundred and Twenty Five Naira) at N5,000.00 (Five Thousand Naira) per day for twenty five days.

ii. Six tippers for N225,000.00 (Two Hundred and Twenty Five Thousand Naira) at N1,500.00 (One Thousand Five Hundred Naira) a tipper per day.

iii. Three labourers for N30,000.00 (Thirty Thousand Naira) at N400 Naira (Four Hundred Naira) per day for twenty five days.

iv. The sum of N2,000.00 (Two Thousand Naira) paid to labourers that removed electric pole along the Aba big gutter.

b. On the 5th day of August 1992, the sum of N7,150 (Seven Thousand, One Hundred and Fifty Naira) was paid to the labourers for clearing Obiora site.