Sea Petroleum & Gas Company Limited V. Henchy Nigeria Limited (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABUBAKAR, J.C.A.(Delivering the Leading Judgment)

This Appeal is against the ruling delivered by Onyeabo J, of the High Court of Lagos State on 18th June 2012 entering Judgment on admission against the Defendant. The Claimant before the Lower Court, now Respondent in this appeal, commenced an action against the Appellant as Defendant before the High Court of Lagos State claiming as follows:

a) The sum of N5,120,950.00 (Five Million One Hundred and Twenty Thousand, Nine Hundred and Fifty Naira only) being outstanding debts owed the claimant by the Defendant for the clearance of several consignments on behalf of the defendant.

b) Interest at the rate of 20% per annum on the said sum of N5,120,950.00 (Five Million, One Hundred and Twenty Thousand, Nine Hundred and Fifty Only) from April 2008 until the date of Judgment and thereafter at the rate of 10% per annum until final liquidation of the debt

c) The sum of N200,000.00 (Two Hundred Thousand Naira Only) being the cost of prosecuting this suit in Court.

Parties exchanged pleadings, and the claimant/Respondent brought application dated 1st December 2011 pursuant to Order 19 Rule 4 of the High Court of Lagos (Civil Procedure) Rules 2004 praying for:

1) An order entering Judgment in favor of the Claimant in the Sum of Two Million two hundred and seventy thousand naira only (N2,270,000.00), the said sum having been admitted by the Defendant in their letter dated 15th of April 2008 and in paragraph 6-8 of the statement of defense and paragraph 4-7 of the deposition of the defendants witness Mr. Nnamdi Nwobu.

2) Interest on the said sum at the rate of 20% per annum from April 2008 until date of Judgment.

3) And for such further or other orders as this Honorable Court may deem fit to make in the circumstance.

The learned trial Judge after hearing both parties delivered a Ruling on 18th June 2012 entering Judgment on admission against the Defendant in favor the Claimant; this Ruling is now the subject of this appeal. The Defendant became aggrieved and therefore filed Notice of Appeal on the 1st day of August 2012. Appellant’s grounds of Appeal are reproduced less their particulars as follows:

1) The Learned trial Judge erred in law when she held that the Appellant has admitted owing the sum of N2,270,000.00 to the Respondent on the pleading despite the fact that in the same pleading the appellant has raised conditions for the payment of the money and has pleaded that the entire transaction is illegal and unenforceable.

2) The Learned trial Judge erred in Law when she held at an interlocutory stage that the appellant is liable to pay the said sum of N2,270,000.00 thereby resolving without hearing any evidence that the entire transaction is not caught by the doctrine of “ex turpi causa non oritur actio”.

3) The entire ruling was against the weight of evidence.

Parties settled their briefs of argument Learned Counsel A. O. Agbola settled Appellant’s brief, it was filed on the 1st day of November 2012, while Learned counsel Andy Isioma Agbolu filed Respondent’s brief on 26th November 2012. Appellant did not file Reply brief.