Samuel Nwarie V. Daniel Adakwa (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the summary judgment of Honourable Justice D.S. Wyom of the Kaduna State High Court sitting in Kaduna in suit No. KDH/KAD/374/2014 delivered on 20/10/2014; wherein the learned trial Judge granted all the reliefs sought by the Respondent

The Respondent by Paragraph 17 of the Statement of Claim at page 6 prays the lower Court for the reliefs sought as per the Writ of Summons dated 30/04/2014 as follows:-

“WHEREFORE the Plaintiff claims against the Defendant the following:

(a) The sum of N3,250,000 (Three Million, Two Hundred and Fifty Thousand Naira) only being the sum due to the Plaintiff from the Defendant in line with the agreement between the parties pursuant to a partnership arrangement entered into between the parties on the 27 of February, 2014.

(b) The sum of N83,000,00 (Eighty Three Thousand Naira) only, being the sum due to the Plaintiff from the Defendant pursuant to a further oral agreement between the patties made on the 2nd of March, 2013.

(c) The cost of this action.”

The facts that gave rise to this

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appeal are that the Appellant approached the Respondent with intent to partnering in the School which the Appellant was the Proprietor. The parties entered into a partnership agreement by virtue of the signed papers dated 28/02/2014 to the effect that the Respondent contributed the sum of N2,500,000; which money the Appellant agreed to put into beefing up the capacity of the Queency International School, Ungwan Pama, Kaduna, a School over which the Appellant was a proprietor.

It was also agreed that the partnership was to last for a period of one month, at the effluxion of which the Respondent was to receive his principal sum of N2,500,000 plus an interest of N750,000 which sum was going to be generated from the profit made out of the said partnership. At the Appellants failure to pay the sum of N3,250,000 as agreed by the parties, the Respondent shall take over title of proprietorship vested in the Appellant in the said Queency International Schools.

However at the expiry of time agreed upon by the parties, the Appellant pleaded for a week’s extension to enable him pay the sum due to the Respondent sequel upon which the Appellant issued two post-dated

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cheques in the sum of N2,900,000 and N350,000 respectively to cover the Respondents amount due from the partnership. The Appellant also issued out to the Respondent an additional cheque in the sum of N83,000 to cover for the delay in payment which himself calculated as been additional profits due to the Respondent for the one week period he requested as extension. The Appellant later informed the Respondent not to present the said cheques for cashing as there was no money in the account. The Appellant also wrote a letter dated 22/4/2014 admitting the terms of the agreement but pleaded that he was willing and ready to fulfil any obligation on him as soon as the WAEC is over and renovation of the School took place. It is consequent upon the failure that the Respondent filed this suit under the summary judgment procedure for the reliefs mentioned above. Processes were filed and exchanged by the parties and judgment was entered in the respondent?s favour.