National Assembly & Ors V. Cee Chris Investment Co. Ltd (2007)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, JCA

This is an appeal against the judgment of U. M. Kusherki J. of the High Court of the Federal Capital Territory, sitting in Abuja, delivered on 1/3/2001.

The trial court duly granted the Respondent leave to issue against the Appellants, a Writ of Summons pursuant to Order 23 of the High Court of the FCT, Abuja (Civil Procedure Rules) 1990 claiming the sum of Seventy-five Million Naira (N75, 000, 000=) being an outstanding debt owed the Respondent for a contract job done for the Appellants in respect of which a payment certificate was alleged to have been issued by the Appellants to the Respondent.

The Respondent in addition claimed 21% interest of the said unpaid debt from the date the payment certificate was issued until judgment is delivered in the case and 10% interest until the final liquidation of the debt.

The Appellants’ grievance is that the Writ of Summons served on them was not marked “Undefended List” but it only directed the Appellants to enter appearance in respect thereof. However, the Appellants entered an appearance, filed a Notice of Preliminary Objection challenging the jurisdiction of the Court to entertain the suit and also filed the Notice of Intention to Defend the suit. On the return date 12/2/2001, counsel for both parties addressed the Court. Learned counsel for the Appellants urged the trial court in the interest of justice to transfer the case to the General Cause List based on the averments of the Affidavit in support of the Notice of Intention to Defend and the Notice of Preliminary Objection challenging the jurisdiction of the Court.

Learned counsel for the Respondent opposed the transfer of the case to the General Cause List on the ground that both the Notice of Intention to Defend and Memorandum of Appearance were filed out of time by the Appellants. Respondent’s counsel urged the court to proceed to enter judgment in favour of the Respondent.

After listening to the addresses of both counsel, the learned trial Judge adjourned the case to 1/3/2001 for the delivery of his judgment.

On 1/3/2001, the learned trial Judge delivered his judgment in the case in favour of the Respondent against the Appellants for the sum of Seventy-five Million Naira (N75, 000, 000=), the unpaid debt Dissatisfied with the said judgment of the trial court, the Appellants filed this appeal to this court.

The notice of appeal filed by the Appellants challenging the decision of the trial court is on pages 23 – 26 of the record of proceedings. It contains six (6) grounds, with their particulars, they are reproduced hereunder verbatim for ease of reference:

“i.) ERROR IN LAW:

The judgment is a nullity.

PARTICULARS OF ERROR

1) On the 8th day of February, 2001, the appellants filed a notice of Preliminary Objective challenging the jurisdiction of the court to hear the suit.

2) The court on the 12th day of February, 2001 went ahead to hear the suit on the merits without hearing ‘argument on the issue of jurisdiction.