MR. Wilson Esi V. Cnpc/BGP International & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Delta State delivered by Justice G.E Gbemre, on the 15/3/05 wherein the learned trial Judge dismissed the claims of the appellant in its entirety and awarded N10,000.00 (ten thousand naira) as damages in favour of the respondents. Below are the facts that led to this appeal:

The 1st respondent company on 10/02/2002 contracted the appellant to supply 500 units of 5Kg exact anchors vide LPO NO: 101449 dated 10/02/2002.

The appellant claimed that he duly supplied the anchors as per the terms on the LPO and that the anchors were received by officials of the 1st respondent’s company. However, the appellant was not paid the contract sum. He swore that after the supply, inspection and confirmation of the goods by officials of the 1st respondent’s company he processed his waybill and invoice. He attached the waybill and invoice to the LPO and forwarded same to the 2nd respondent for approval of payment but 2nd respondent refused to approve payment of the contract sum.

The appellant swore that he visited the 2nd respondent’s office to plead with him but that the 2nd respondent pushed him out of the office, ordered the mobile policemen to push him out and called him and other Nigerians, dubious. Consequent to this, the appellant instructed his lawyer to write a letter of demand to the respondents. The letter was reported to be delivered. Upon the refusal of the respondents to pay the contract sum, the appellant filed an action before the High Court of Justice, Bomadi division, Delta State.

The Appellant commenced the action by a writ of summons on the 11/6/02. Pleadings were duly exchanged. The respondents also filed a counterclaim against the appellant and both parties at different times, amended their pleadings. The statement of claim is dated 26/01/04, the amended statement of defence and counter-claim is dated 20/2/04 and the reply to amended statement of defence and defence to counter-claim is not dated. The appellant claimed against the respondents as follows:

28. Against the 1st defendant, the sum of 1 million two hundred thousand naira being the contract sum in respect of a contract to supply 500 units of 5kg exact anchors covered by a local purchase order No. 101449 issued by the 1st defendant to the plaintiff on the 10th day of February 2002. The plaintiff duly supplied the said anchors in strict compliance with the conditions contained in the aforesaid LPO inclusive of any variation. The 1st defendant who has their base at place of peace Ekpan a place within the jurisdiction of this Honourable Court has however refused and/or failed to pay the said contract sum despite repeated demands.

The plaintiff also claim 10% per month as interest on the said contract debt from 10th day of March 2002 till judgment is delivered in this suit.

29. The sum of 5 million naira being damages suffered by the plaintiff when the defendant in his course of demanding for payment for the contract above was assaulted, humiliated, embarrassed, insulted dehumanized by the 2nd defendant at Ogriagbene base of the 1st defendant sometime in April, 2002.

The respondent counter-claimed against the appellant as follows:

a) The sum of N2, 000.00 (Two Thousand Naira) daily being money paid to 2 soldiers, 2 mopol, 2 navy (naval men) and 1 Diamond security personnel daily at the rate of N300.00 each and N200.00 for the Diamond security personnel who kept watch over the exact anchors the plaintiff dumped near the 1st defendant’s Jetty Area, from the 13th day of April, 2002 till judgment is delivered in this suit.

b) The sum of N5,000,000.00 (Five Million Naira) as damages suffered by the 2nd defendant for humiliation meted out to him when the plaintiff referred to him as “hungry man” and vowed to set process in motion to repatriate him to China. The 2nd defendant’s loss the respect of all Nigeria Staff of the 1st defendant present.

c) The sum of N10, 000,000.00 (Ten Million Naira) as general damages for breach of contract.

d) Interest on the said sum claimed in paragraph “a” above at the rate of 10% Per annum from 13-4-2002 until judgment and thereafter until final payment.

The appellant testified in proof of his claims and called one witness while the respondents called five witnesses as follows:

PW1- Nzeako Godfrey- former Purchasing Officer in the 1st Respondent’s company