Owena Mass Transportation Company Ltd V. Bidat Venture Limited (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Ondo state High court of Justice Akure Judicial Division in suit No. AK/75/2003. The judgment was delivered on 18/5/2005 by Sidio J. The plaintiff and defendant in the Court below are the respondent and appellant herein.

The respondent had sued the appellant for the following reliefs:

1. “The sum of N425, 000.00 (Four hundred and twenty five thousand naira) only being the outstanding balance owed the plaintiff by the defendant arising from the contract for the complete refurbishing of a MB1414 Bus for the sum of N625, 000.00 (Six Hundred and Twenty Five Thousand Naira) only.
2. 10% interest monthly on the said sum of N425, 000.00 (Four Hundred and Twenty Five Thousand Naira) only from the date judgment is given until the debt is finally liquidated.
3. N5 Million Naira general damages.”

See page 6 of the records.

Upon service of the statement of claim on the respondent it filed a statement of defence denying the claim and counter claiming as follows:

(a) “An order directing the plaintiff to refund the sum of N50, 000.00 (Fifty Thousand Naira) in excess of N200, 000.00 (Two Hundred Thousand Naira) paid to the plaintiff.

(b) 10% interest monthly on the said sum of N50, 000.00 (Fifty Thousand Naira) from the date judgment is given until the debt is finally liquidated.

(c) N500, 000.00 (Five Hundred Thousand Naira) general damages.

The respondent filed a reply to the statement of defence and defence to the counter claim.

At the trial each side called one witness and rested its case.

Learned counsel to the parties addressed the Court and in a reserved judgment dated 18/5/2005 the trial Court held:

“The plaintiff’s claims therefore partly succeeds while the defendants counter claim fails.”

The court entered judgment for the respondent against the appellant as follows:

“The sum of N425, 000.00 being the outstanding balance owed the plaintiff by the defendant arising from contract for the refurbishing of a MB1414 Bus for the sum of N625, 000.00 only.