Panabiz International Ltd V. Addidon Nig Ltd & Anor (2016)

LawGlobal-Hub Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. 

 The present appeal is a fall-out of the judgment of the High Court of Akwa Ibom State, holden at Eket Judicial Division, delivered on July 7, 2009 in suit No.HEK/148/2005. By the said judgment, the Court below, coram, Ita G. Mbaba, J; (as he then was) granted some of the declaratory reliefs sought by the 1st Respondent against the Appellant.

Dissatisfied with the judgment in question, the Appellant filed the notice of appeal thereof in the Court below on July 28, 2009.

BACKGROUND FACTS
The genesis of the appeal dates back to December 18, 2005.
That was the date on which the 1st Respondent filed the instant suit vide a writ of summons in the Court below, seeking various declaratory and injunctive reliefs against the Appellant and the 2nd Respondent, jointly and severally. By the statement of claim thereof, filed along with the writ of summons, the 1st Respondent claimed the following reliefs against the Appellant and 2nd Respondent, jointly and severally:
(a) A declaration that the sole Distributorship of panasonic range of office Automation products granted

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to the plaintiff by the 1st defendant is still subsisting.
(b) A declaration that the 1st Defendant has caused the breach of the Distributorship Agreement by entering into the Plaintiffs territory and signing an agreement with the 2nd Defendant thus carrying out services that were in the exclusive preserve of the plaintiff while the Distributorship agreement was still subsisting.
(c) A declaration that the 2nd Defendant induced the 1st Defendant to breach the said Distributorship Agreement when the 2nd Defendant was aware that the plaintiff was the sole Distributor and Representative of, the 1st Defendant in Akwa Ibom State for sales, Installation, Repairs and Maintenance of Panasonic photocopiers.
(d) A declaration that the plaintiff relied on the Representation and the contract made by the 1st Defendant to the plaintiff that the plaintiff was her sole distributor in Akwa Ibom State and that the 1st defendant would not file a single or individual tender with the 2nd defendant and therefore upon the breach thereof, the plaintiff suffered consequential Losses and Damages for the breach of that Representation and Contract.
(e) An order

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restraining the 1st & 2nd Defendants from further breach of the Distributorship Agreement or an order of specific performance of the Distributorship Agreement.
(f) An order restraining the 2nd Defendant from giving effect to the service online Agreement Number A1944038 entered between 1st and the 2nd Defendants or an order nullifying the said agreement thereto,
(g) An order for the payment of Two Billion Naira (N2,000,000,000.00) by the 1st & 2nd Defendants jointly and severally as damages for the breach and consequential breach of the said Distributorship Agreement.
(h) An order for the payment of special damages by the 1st Defendant of Two Million, Nine Hundred and Forty-nine Thousand, One Hundred and Thirty-nine Naira (N2,949,139.00) being the balance amount due and owing to the Plaintiff as debt due as commission for the supply of Panasonic Machines and consumables for the period between March and April 2005.
(i) An order for the payment of special damages of Five Hundred and Fifty-one Million, seven Hundred and sixty-Thousand, Seven Hundred Naira only (N551,768,700.00) being the commission that could have accrued to the

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plaintiff in 50 years for the supply of equipment and photocopier consumables.
(j) An order for the payment of special damages of Two Hundred and Eighty Million, Eight Hundred and Fifty Thousand Two Hundred and sixty-eight Naira only (N280,850,268.00) being the amount of anticipated increase in commission payable to the plaintiff for the projected period of 50 years for the supply of equipment and photocopies consumables.
(k) An order for the payment of special damages of six Hundred Million Naira only (N600,000,000.00) being the anticipated income the plaintiff would have earned in the maintenance of the machines as provided in the maintenance contract.
See pages 1st – 12 of record of appeal.

Parties filed and served their respective pleadings. The case proceeded to full trial. In the course of the trial, the 1st Respondent presented a lone witness, in the person of Idongesit Ekpenya, the 1st Respondent’s Managing Director, who testified as PW1 and tendered various exhibits. The Appellant (1st Defendant) equally called a lone witness in the person of Jaja Apribo Dick and tendered various exhibits. The 2nd Respondent (2nd Defendant) deemed

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it expedient to rest the case thereof on that of the Appellant (1st Defendant).

At the conclusion of the trial, counsel to the parties filed and adopted their respective written addresses. Consequent whereupon, the Court below delivered the vexed judgment to the conclusive effect, thus:
I hold therefore that the 1st Defendant breached the contract it had with the plaintiff, when it failed to pay for services rendered to it (1st Defendant) as per the claims in Exhibit 23, which was not disputed. Upon entering into a conflicting contract with the 2nd Defendant, though with the ratification of the plaintiff, as per Exhibit 22.
Accordingly, this case succeeds only on that point and the plaintiff is entitled to damages against the 1s Defendant as per the claims (relief 34(H) of the Statement of Claim) that is to say the sum of Two Million, Nine Hundred and Forty-Nine Thousand, One Hundred and Thirty-nine Naira (N2,949,139,00) only, being the balance of the amount due and owing to the plaintiff as debt due as commission for the supply of panasonic machines and consumables at the period March and April, 2005.
I therefore award Five Million Naira