Standard Construction LTD V. Romac International LTD (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Kano State, delivered on the 15th day of November 2007 by Bilyaminu Sabo Adamu J entering judgment in favour of the Respondent, as plaintiff.

The facts of the case are that, by a Writ of Summons in the Undefended List, the Respondent claimed the sum of N27,715,003.52 (Twenty Seven Million, Seven Hundred and Fifteen Thousand, Three Naira Fifty-Two Kobo) as the amount owed to the Respondent by the Appellant for the supply of iron rods.

The case was, however, transferred by the lower Court to the general cause list for hearing. Pleadings were filed and variously amended. The Appellant included a Counter Claim in his Statement of Defence.

In the course of trial, the Respondent called one witness. The Appellant called two witnesses. As a result of protraction by the Appellant in the conclusion of its defence, the trial Judge closed the defence of the Appellant and entered judgment in favour of the Respondent as per its Writ of Summons.

?Dissatisfied with this judgment, the Appellant filed a 3

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ground Notice of Appeal dated 11th January 2008. Pursuant to the grant of an applications by the Appellant for extension of time to compile and transmit the record of appeal, the Record of Appeal was deemed properly filed on 29/11/12. The Appellant, consequent upon its application dated 22/2/13 and filed on 25/2/13, was granted leave by this Court to raise and argue for the first time, the issue of the lower Court’s jurisdiction to hear and determine this suit. lt was also granted an extension of time to file and serve its Brief of Arguments.

In the Appellant’s Brief of Arguments dated and filed on 16/4/15, settled by Abdulaziz Ibrahim Esq of K.T. Turaki & Co, two issues were distilled for the Court’s determination, namely:

(i) Whether the amended Writ of Summons and amended Statement of Claim signed by Stanley Orakpo and Co., are null and void by virtue of Sections 2 (1) and 24 of the Legal Practitioners Act, Cap L11 Laws of the Federation of Nigeria, 2004 and deprived the trial Court of the jurisdiction to entertain the Suit.

(ii) Whether the trial Court evaluated the evidence and appraised the facts at its disposal before entering

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judgment in favour of the Respondent.

In the Respondent’s Brief, settled by Stanley Orakpo Esq, of Stanley Orakpo & Co, two issues were similarly formulated for the Court’s determination, namely: