Seven-up Bottling Co. Ltd v. Sifor Limited & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU DOGO, JCA (Delivering the leading judgment)

This judgment is in respect of the cross appeal filed by the respondents/cross appellants against the ruling of the High Court of Ogun State, Ota Judicial Division (the lower court), delivered by A.T. Lamina, J. on 27th April, 2022 in suit No: HCT/815/2021 between Seven-Up Bottling Co. Ltd. v. Sifor Limited & 2 Ors.

The main appeal was dismissed by this honourable court on 13th November, 2024 following the filing of a notice of discontinuance of the main appeal dated 14th August, 2024 by the appellant/cross respondent on the same 14th August, 2024.

Brief facts

The appellant/cross respondent (cross respondent) on or about 28th of October, 2021 commenced before the lower court suit No HCT/815/2021 against the 1st – 3rd respondents/cross appellants (cross appellants) via a writ of summons.

The cross respondent, in paragraph 13 of the statement of claim that was filed along with the writ of summons, claimed against the cross appellants as follows:

a) An order that the defendants have breached the terms and conditions of the lease which was agreed between the parties.

b) A declaration that the defendants have no defence whatsoever to this claim.

c) The sum of N2,600,000 (Two Million Six Hundred (sic) Naira only) being the amount outstanding as at the 12th of August, 2015.

d) Interest on the said sum of N2,600,000 from the 12th of August, 2015 at the CBN Minimum Rediscount Rate until judgment is delivered and thereafter at 15% until payment or total liquidation of the said amount of money.

e) The cost of litigation.

f) Any other order or orders as the court may deem fit to make in the circumstances.

The cross appellants in reaction to the suit of the cross respondent, on 10th November, 2021, filed, among other processes, a notice of preliminary objection dated same date challenging the competence of the cross respondent’s suit on the grounds that same was statute barred and did not disclose reasonable cause of action against the defendants, i.e. the cross appellants herein.

The lower court, after hearing the parties on the preliminary objection, delivered its ruling on 21st April, 2021, wherein it upheld the preliminary objection and dismissed the cross respondent’s suit.