O. O. International Limited V. Chukwuma-machukwu Ume (Suing As Receiver/liquidator To Fortress Insurance Company) (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A: (Delivering the Leading Judgment)

This is an appeal and cross-appeal against the judgment of H.T. Soba J. delivered on 15/5/2007 in Suit No. FHC/UM/CS/108/2006 at the Federal High Court sitting at Umuahia. The Writ of Summons in this case was filed at the Abuja Division of the Federal High Court but was transferred to the Umuahia Division of the Court.

The Respondent Cross-Appellant as plaintiff in the court below filed a Writ of Summons with a verifying affidavit on 27/7/2006 that his claims against the defendant appellant Cross-Respondent be entertained under the undefended list.

The claims of the Respondent Cross-Appellant as endorsed on the Writ of Summons are as follows:

(a) The outstanding premium of N188,880.00

(b) The cost of this suit which is assessed at N300,000.00.

(c) Total sum of N488,880.00

(d) 20% of the judgment sum until same is paid.

On 14th day of September 2006, Mr. N.D. Ojeh, counsel to the Defendant/Appellant Cross-Respondent filed a Notice of intention to defend the suit pursuant to the provision of Order 24 Rule 3(1) of the then Federal High Court (Civil Procedure) Rules 2000.

Consequently, the Plaintiff Respondent cross-Appellant filed a further and better verifying Affidavit on 5/3/2007. The suit was nevertheless heard on the undefended list on 3/4/2007. In his judgment the learned trial Judge held upon going through the defendant’s notice of intention to defend the suit that the defendant has not disclosed reasonable defence to the principal claim.

At page 66 of the record, the learned trial Judge concluded:

“Accordingly, judgment is hereby entered in favour of the plaintiff in the sum of N188,800.00 premium. The defendant to defend the other legs of the claim to wit assessment of the cost of the suit and the amount of interest for the principal.”

Both parties to the suit were dissatisfied with this judgment. The defendant filed a Notice of Appeal containing three (3) grounds of appeal dated 16/5/07 on 22/5/2007. The plaintiff also filed a cross-appeal containing two (2) grounds of appeal on 8/10/2010.

The grounds of appeal of the Defendant Appellant devoid of particulars are as follows: