Olumba Olumba Obu V. J. O. Olumbamise Printers Ltd. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The Respondent supplied a Heidelberg Speed Master 102 four Colour Printing Machine sometime in November, 2009 valued at N45,000,000.00 (Forty Five Million Naira) only to the appellant. The appellant made a deposit payment of N9,000,000.00 (Nine Million Naira) only and took possession of the machine. In the course of time the appellant would no longer complete payment on the ground that it was not new but second hand.

In the course of the protracted argument that arose between the parties the Respondent invited the Economic and Financial crimes commission (EFCC) alleging that the appellant had obtained the printing machine from her under false pretences. The commission arrested and detained the appellant. Upon release the appellant took out a writ of summons against the Respondent, the Commission and one of her officer in the High Court of Justice, Calabar in suit No. HC/72/2011 on 8th day of March, 2011 claiming the following reliefs:

“31. By reason of several matters afore-stated claimants have suffered loss and claim jointly and severally against the Defendant as follows:

Against the 1st and 2nd Defendants Jointly and Severally:

1. The Sum of N9,000,000.00 paid to the 1st and 2nd Defendants for the supply of a brand new 2009 Heidelberg Speed Master 102-V printing Machine, four colour, which printing machine 1st and 2nd Defendants did not supply but supplied an outdated 1989 Heidelberg speed Master 102-v printing Machine which claimants rejected and continue to reject.
2. The sum of N2,500,000.00 paid to 1st and 2nd Defendants for the installation of the said printing Machine.
3. The sum of N1,500,000.00 being monies spent by Claimants for the sundry repairs of the said printing machine including procuring the services of experts to determine whether its improper functioning was due to defective or improper installation.
4. An order compelling 1st and 2nd Defendants to remove the said printing machine from the premises of claimants at No.34 Ambo Street, Calabar.
5. A declaration that the report by 1st and 2nd Defendants to 3rd and 4th Defendants that Claimants obtained goods from them under false pretences is in extreme bad faith, unconscionable and malicious.

Against 3rd and 4th Defendants Jointly and Severally:

6. A declaration that the threats to and likely breach of claimants fundamental right to personal liberty by their threatened arrest in Calabar and threatened detention in both Calabar and Lagos by 3rd and 4th Defendants in the matter of the botched contract between 1st and 2nd Defendants and claimants is contrary to section 35(1)(c) of the 1999 Constitution as 3rd and 4th Defendants cannot reasonably suppose that claimants have committed a criminal offence, and so unconstitutional.
7. An order restraining 3rd and 4th Defendants from arresting or detaining Claimants or from further inviting Claimants to Lagos or anywhere else for the purpose of arresting or detaining them in connection with the botched contract between Claimants and 1st and 2nd Defendants or in any way acting in a manner detrimental or prejudicial to Claimant in the matter of the supply of the Heidelberg Speed Master 102-V, Printing Machine (four colours) 1989 model or in the matter of the contract of the supply of the Heidelberg Speed Master 102-V Printing Machine, four colours, 2009 model.

Against all the Defendants Jointly and Severally:

8. The sum of N50,000,000 exemplary or aggravated damages for the wrongful, unlawful, malevolent, unconscionable and cruel conduct of Defendants in employing the law as an instrument of oppression, repression, coercion and terror against Claimants.”

The suit has the following parties:

BETWEEN:

1. TRIPLE STAR PRINTING PRESS LTD.
2. HIS HOLINESS, OLUMBA OLUMBA OBU – CLAIMANTS

AND

1. J.O. OLUMBAMISE PRINTERS LTD.
2. ALHAJI JAMIU K. ODUYE
3. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)
4. ZUBAIRU MUAZU

While suit No. HC/72/2011 was pending J. O. Olumbamise Printers Ltd. brought Suit No. HC/92/2011 against Olumba Olumba Obu in the High Court of Justice, Calabar under the Undefended List procedure supported by an 18 paragraph affidavit deposed by Ademola Kujore her Manager. The claimant sought the following reliefs against only the appellant:

“1. The sum of N31,000,000.00 Thirty One Million Naira) which represents the outstanding/balance sum due to the claimant by virtue of the supply of a Heidelberg speed Master 102-V colour machine to the defendant.

2. 10% post judgment interest on the judgment debt from the date of judgment until the entire judgment sum is liquidated.

The writ was issued by Napoleon Emeaso Nwachukwu, Esq. of Festus Keyamo Chambers whose address for service is 1 Festus Keyamo Lane off Adebayo Mokuolu Street, Behind Hotel Newcastle Anthony Village Lagos State. Addressed within jurisdiction c/o Engr. Felix Otuya, No.7A Odwyer Street off Target Street, Calabar, Cross River State.”

With this development the appellant filed Notice of Preliminary Objection on 12th day of May, 2011 praying for the following reliefs: