Scoa Nigeria PLC & Anor V. The Registered Trustees Of Methodist Church Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

The Appellant herein by a motion dated 9/7/2009 applied to the lower Court seeking for an order setting aside the default judgment entered in favour of the Respondent on the 2nd July 2009. The decision of HON. JUSTICE O. GBAJABIAMILA delivered on the 14th day of December, 2009 did not go down well with the Appellants who filed a Notice of Appeal dated 27th January, 2010 with leave of Court setting out 4 grounds of appeal and seeking the following reliefs:

A. An Order setting aside the Ruling delivered in the suit on the 14th day of December 2009 refusing and dismissing the application to set aside the default judgement of the lower Court in the suit.

B. A consequential order setting aside the default judgment of the lower Court delivered in this suit on the 2nd day of July 2009.

C. An Order allowing the Appellants to file their proposed statement of defence as their defence in the suit.

D. An Order transferring the suit to another judge of the lower Court to try the matter de novo.

? The brief facts of this appeal are that the Respondent by a writ of

summons and statement of claim supported by frontloaded documents prayed the lower Court for the following:

i. A declaration that the Claimants are entitled to either a replacement or a refund of the purchase price of the Generator purchased from the Defendant under the warranty issued to the Claimants by the defendants in respect of same.

ii. An Order that the Defendant replace forthwith with a brand new 500 KVA Generator of the same specification.

OR IN THE ALTERNATIVE

That the Defendants refund forthwith to the Claimants the purchase price of the Generator together with interest at the rate of 21% per annum from the date the purchase price was paid to the Defendant up till judgment and interest at the rate of 10% from judgement is fully liquidated.

iii. An Order that the Defendant refund to the Claimants all sums of the money paid by the Claimants to the Defendants towards the servicing and maintenance of the Generator.

iv. The sum of N5 million being general damages from the Defendants for the inconvenience suffered by the Claimants with expected increase in the prices of a new generator,