Mr. Pat Agbachi V. Sam Azubuike (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of the Federal Capital Territory, Abuja delivered on the 4th day of July, 2003 by T.U. Bello J. entering judgment in favour of the Plaintiff under the Undefended list against the Defendant.

The Defendant being dissatisfied with the judgment appealed to this Court vide an amended Notice of Appeal dated 14th August, 2004 and filed 29th March, 2005 pursuant to leave of this Court granted on 22nd March, 2005.

The facts of the case in a nutshell is that the Plaintiff claimed that the Defendant demanded the sum of N1Million as a consideration to facilitate the revalidation of a job allocation to his Company by the NNPC. The Plaintiff claimed that the Defendant gave him his complimentary card on the back of which the Diamond Bank account number was written, into which the said sum of N1 Million was to be paid.

When the Plaintiff lost the job allocation to his company, he demanded for the refund of the N1 Million he paid to the Defendant, because as he claims there is a failure of consideration.

The Plaintiff took out a Writ of Summons on the Undefended list against the Defendant at the lower Court.

The Defendant denied the claim of the Plaintiff and insisted that the N1 Million paid into his account with the Diamond Bank Plc. was an unsolicited gift by the Plaintiff, his long standing friend to him, in appreciation of series of favours done to the Plaintiff, who at that particular point in time needed to pay for a house. The Defendant denied ever making any demand whatsoever from the Plaintiff, as he was not in a position to carry out any revalidation. The Defendant contended that the Suit should be transferred to the General Cause list as he has a defence to the suit.

In support of the Writ of Summons on the Undefended list, is an affidavit of five paragraphs attached to which are three Exhibits marked as A, B, C. Exhibit A is a photo copy of the Defendant’s complimentary card. Exhibit B is a photo copy of Diamond Bank Plc. Current account deposit slip dated 10/1/2000 while Exhibit C is a demand letter written by the Plaintiffs Solicitor to the Defendant demanding a refund of N1 Million.

A Further and Better Affidavit of five paragraphs was deposed to in support of the claim of the Plaintiff.

The endorsed Writ of Summons on the Undefended list is hereby reproduced as follows:

“ENDORSEMENTS

The plaintiff claim is as follows:

That sometime in January 2000, the plaintiff requested the defendant to use his office to facilitate the revalidation of allocation order from NNPC, of some petroleum products to the plaintiffs company. To this request the defendant demanded from the plaintiff the sum of N1,000,000:00 (One Million Naira) only. This sum demanded was paid by the plaintiff to the defendant through the defendant’s bank account with Diamond Bank Plc. The anticipated validation was not effected and the plaintiff lost the job. The defendant has refused and/or neglected to pay back this sum to the plaintiff despite repeated demands to pay same.

WHEREFORE, the plaintiff claim against the defendant, the following reliefs: