Shell Petroleum Dev. Co. Of Nigeria V. Nelson Okonedo (2007)

LawGlobal-Hub Lead Judgment Report

ABBA AJI, J.C.A.

By a writ of summons issued on the 14th day of February, 1998 from the High Court of Justice, Delta State in the Warri Judicial Division, the plaintiff who is the respondent in this appeal claimed from the appellant who was the defendant as follows:-

“The plaintiff’s claim against the defendant is for the sum of N50,000,000.00k (Fifty million naira) being special and general damages for wrongful and unlawful seizure of his personal properties from his house at No. 1 Akpore Street, Ugbonikoko Layout, Effurun at the instance of the defendant in a purported execution of a judgment against one Nellie Green Nigeria Limited on 1/11/1996. The defendant maliciously maintained their claim – on the plaintiff’s properties from 1/11/96 to 21/1/98 when plaintiff went to carry the items himself upon the failure, refusal and/or neglect of the defendant to return same to the plaintiff’s premises within 7 days from 14/1/98 as ordered by court. Upon receipt of the items plaintiff discovered that most of them has been completely damaged.”

Pleadings were duly filed and exchanged. The case proceeded to trial on the basis of the amended statement of claim and the further amended statement of defence.

The plaintiff/respondent testified and called three other witnesses. The defendant/appellant called two witnesses. Both counsel addressed the court. In a considered judgment delivered on the 17th March, 2003, the learned trial Judge have found for the respondent and awarded him the sum of N2,804,400.00k (Two million eight hundred and four thousand, four hundred Naira) as special and general damages.

Being dissatisfied with the judgment of the learned trial Judge, the defendant/appellant by notice of appeal dated the 19th day of March, 2003 appealed to this court on three grounds of appeal. With leave of this court granted on the 24th/11/2004, four additional grounds of appeal were filed by the appellant. The original and additional grounds of appeal without their particulars are hereby reproduced:

“1. The learned trial Judge erred in law when he held that the court is not concerned with the form in which the plaintiff’s claim is brought before the court as long as the court believes that the plaintiff has been wronged he will be entitled to his claim.

2. The learned trial Judge erred in law when he awarded special damages to the plaintiff in the absence of strict proof of the claims.
3. The learned trial Judge erred in law when he awarded the plaintiff additional damages of N2,000,000.00 (Two million naira) after assessing and awarding actual damages of N804,400.00 (Eight hundred and four thousand, four hundred naira) to the plaintiff.
4. The learned trial Judge en-ed in law when he awarded special damages in favour of the plaintiff against the defendant.
5. The learned trial Judge misdirected himself when he held that the defendant maliciously held on to the plaintiff’s property thereby making the defendant liable in general damages.
6. The learned trial Judge erred in law when he held that the plaintiff had proved his case and entitled to judgment.
7. The learned trial Judge misdirected himself when he failed to properly evaluate the evidence adduced before him before entering judgment in favour of the plaintiff.”

Briefly, the facts given rise to the claim before the court was that the plaintiff/respondent was a Director of Nellie Green Nigeria Limited, which company, the defendant/appellant got judgment against for the sum of N1,202,315:50 (One million, two hundred and two thousand, three hundred and fifteen Naira, fifty Kobo) in suit No. W/265/95, S.P.D.C. Nigeria Limited v. Nellie Green Nigeria Ltd. & Anor on 7th/2/96.

The defendant/appellant applied for a writ of execution to levy execution on the property of the judgment debtor. The sheriffs of the court properly authorized levied execution on properties belonging to the plaintiff/respondent at his residence at No.1 Akpore Street, Ugborikoko Layout, Effurun as those belonging to Nellie Green Nigeria Ltd., the judgment debtor.

The plaintiff subsequently brought an application seeking the release of the attached properties on the ground that they were his personal belongings and the properties were collected by him from the custody of the court.

In compliance with the rules of this court, the parties filed and exchanged briefs of argument.

In the appellant’s brief settled by Dafe Akpedeye (SAN), four issues were distilled for determination arising from the grounds of appeal. The issues are:-

“1. Whether the learned trial Judge was right in failing to ascertain the plaintiff’s cause of action before entering judgment for the plaintiff.

2. Whether the learned trial Judge was right in awarding special and general damages to the respondent?
3. Whether the trial court was right to have awarded the plaintiff general damages of N2,000,000.00 after assessing and awarding special damages of N804,400.00 (Eight hundred and four thousand. Four hundred Naira) to the plaintiff.
4. Whether the learned trial Judge proceeded on the right principles and properly evaluated the evidence adduced before the court before entering judgment for the respondent.”

In the respondent’s brief settled by E.L. Umeze, Esq., the respondent’s counsel adopted the issues as formulated by the learned counsel for the appellant.