Nalsa And Team Associates Vs N.N.P.C. (1991)

LawGlobal-Hub Lead Judgment Report

NNAEMEKA-AGU, J.S.C

This is an appeal by the Plaintiff against a ruling by the Court of Appeal, sitting at Enugu on the 3rd of June, 1988.

The case itself has had a rather chequered history. The plaintiff had, in a Port Harcourt High Court, claimed against the defendant the sum of N500,000.00 being special and general damages for breach for preparation of the designs for the defendant’s eight story office block at Port Harcourt, Rivers State, pursuant to a contract said to have been awarded to the plaintiff by the defendant in 1978. On the date fixed for trial the defendant was absent and not represented. So, a default judgment was entered against it, but the was later set aside by the Court of Appeal which remitted the case for trial before another judge. At that stage, pleadings had to be amended. The defendant, in its amended statement of defence, then raised for the first time the issue that the appellant’s claim was statute-barred. Based on the plaintiff’s amended statement of claim the learned trial Judge Okara, J., ruled that defendant had waived its right to rely upon a plea of limitation of the action. Without seeking the leave of court, the defendant appealed against the ruling, upon the following three grounds of appeal:

“GROUNDS OF APPEAL

1. The learned Trial Judge misdirected himself in law and on the facts in holding that the photocopy of the letter dated 10th April, 1979 allegedly given to the Plaintiff constituted an agreement by the Defendant/Appellant not to rely on the statute of limitation i.e. Section II of the Nigerian National Petroleum Corporation Decree 1977.

PARTICULARS OF MISDIRECTION

(1) The original of the said letter was sent to Alhaji Hashim of the Defendant Corporation.

(2) The said letter bears no endorsement attesting to any agreement between the parties.

“2. Judgment is against the weight of evidence.”

ADDITIONAL GROUNDS OF APPEAL

“3. The Learned Trial Judge erred in law and on the facts in holding that the Defendant/Applicant is estopped from raising the plea of statutory bar as provided for in Section II of the Nigerian National Petroleum Corporation Decree 1977 as a result of an agreement with the Plaintiff.

PARTICULARS OF MISDIRECTION

(1) Plaintiff gave insufficient evidence to discharge the burden of proving that there was an agreement by the parties not to rely on the statute.

(2) Defendants witness, Prince Essien, the Deputy Manager of the Legal Department gave evidence to impugn the Plaintiff’s claims.

(3) The 12-month limitation period had expired before the alleged agreement was reached.”