Mr. Shola & Ors V. Chief Nwankwo Sunday (2016)

LawGlobal-Hub Lead Judgment Report

JOSEPH EYO EKANEM, J.C.A.

This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja Judicial Division (“the trial Court” for short) in Suit No FCT/HC/CV/589/2013, delivered on 16/4/2014. In the said judgment, the trial Court found that the respondent (qua plaintiff) had proved its case against the appellants (qua defendants). Consequently it;
“(i) Ordered that the appellants must ensure that the sum of N300,000:00 (Three Hundred Thousand Naira) wrongly paid into an account be paid back to the respondent;
(ii) Awarded N500,000:00 (Five Hundred Thousand Naira) as general damages against the appellants.”

The trial Court assessed the costs of the action at N100,000:00 (One Hundred Thousand Naira) in favour of the respondent.

It is pertinent to state in brief some of the facts of the case leading to this appeal. The respondent is a businessman while the 1st and 2nd appellants are members of staff of the 3rd appellant. A dispute arose between the respondent and the appellants as to payments of sums of money totalling N300,000:00 into the 3rd appellant

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which sums were meant to be paid into the account of ACCTRIS but were paid into the account of AGIS. The respondent took out a writ of summons with a statement of claim endorsed claiming as follows:
“(i) AN ORDER of this Hon. Court awarding the sum of N2.5 Million (Two Million, five hundred thousand naira) only as General and Aggravated damages against the 1st to 3rd Defendants.
(ii) AN ORDER of this Honourable Court awarding the sum of N300,000:00 (three hundred thousand naira) only plus interest against the 1st to 3rd Defendants as special damages.
(iii) Cost of this Suit.
(iv) Any other OROER OR ORDERS that the Hon. Court may deem fit to make in the circumstance”.

After taking oral evidence and admitting documents as exhibits, and also addresses by counsel on both sides, the trial Court entered judgment in favour of the respondent as set out above.

Aggrieved by the decision, the appellants have appealed to this Court by way of a notice of appeal filed on 11/7/2014 which bears 11 (eleven) grounds of appeal. Pursuant to the rules of this Court, the appellants filed;
“(i) The appellants’ brief of argument which was filed on

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10/11/2014; and
(ii) The appellants’ reply brief of argument which was filed on 19/22/015.”

The respondent filed the respondent’s brief of argument which was filed on 12/2/2015 but was deemed as property filed and served on 3/2/2015.

At the hearing of the appeal on 20/4/2016, John O. Adele, Esq; of counsel, for the appellants adopted and relied on the appellants brief of argument and reply brief. He urged the Court to allow the appeal. Anthony Chukwura, Esq; of counsel, for the respondent adopted the respondent’s brief of argument. He urged the court to dismiss the appeal.

In the appellant’s brief of argument settled by John O. Adele Esq, the following issues are formulated for the determination of the appeal:
“(a) Whether the final judgment/decision of the Lower Court (trial High Court) Gwagwalada is not unreasonable, unwarranted and against the weight of evidence.
(b) Whether the learned trial High Court Judge was legally right when it formed the opinion that the proper order to make is whether AGIS is a party to the Suit before the Court or not the defendants/appellants is ordered to make sure that the sum of N300,000:00 which was

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