Thompson V. Essien (2021)

LAWGLOBAL HUB Lead Judgment Report

AMES SHEHU ABIRIYI, J.C.A.

This appeal is against the judgment delivered on 27th June, 2018 in the High Court of Akwa Ibom State holden at Mkpat Enin.

In the High Court (the Court below), the Appellant was the Plaintiff. The Respondent was the defendant.

The Appellant claimed against the Respondent for a declaration that the Respondent was indebted to the Appellant in the sum of N860,000.00 (Eight Hundred and Sixty Thousand Naira), interest and costs of the action.

The Appellant stated that sometime in early 2014, on two occasions at his residence he lent N500,000.00 and N360,000.00 respectively to the Respondent which the Respondent has not repaid despite repeated demands. As security for the loan, the Respondent issued two post dated cheques to him dated 10/08/14 and 10/10/14.

​The Respondent denied borrowing any amount of money from the Appellant. He stated that he issued the post-dated cheques to the Appellant when he engaged the services of the latter for drilling of boreholes. That he forgot to collect the cheques from the Appellant after he had paid N1,800,000.00 into Appellant’s account and the Appellant never bothered to return the cheques.

The Court below dismissed the claim of the Appellant. The Appellant immediately approached this Court by an initial notice of appeal containing only the omnibus ground of appeal. On the 2nd March, 2021 when the appeal was heard, the Appellant was granted leave to file additional grounds of appeal. The amended notice of appeal already filed on 7th March, 2019 was deemed duly filed and served. The amended notice of appeal contains four grounds of appeal. From the four grounds of appeal, the Appellant submitted the following four issues for determination:

(a) Whether the judgment of the Lower Court was against the weight of evidence (Ground 1).

(b) Whether the issuance of Exhibits A and A1 by the Defendant (Respondent) to the Plaintiff (Appellant) amounted to the Defendant’s(Respondent) acknowledgement of indebtedness to the Plaintiff (Appellant) in the sum of N560,000.00 (Ground 2).

(c) Whether the principle of law in Ila Ent. Ltd v. Umar Ali & Co. Ltd (2013) 15 NWLR (pt. 1376)191 at 203 that the issuance of a cheque by a party to liquidate its indebtedness to another is an admission of the latter’s claim is applicable in the instant case? (Ground 3).

(d) Whether the Appellant denied or controverted the facts contained in paragraphs 5(a)-h of the amended statement of defence and the evidence of the Respondent in paragraphs 7(a)-(h) of the Defendant’s written statement on Oath (Ground 4).

The Respondent presented a single issue for determination. It is reproduced immediately hereunder:

“Whether the Appellant proved his case by credible evidence to be entitled to the relief sought.”

Appellant’s counsel argued issue 4 first. On this issue, learned counsel for the Appellant submitted that in construing pleadings, the totality of the averments have to be read together. He referred the Court toAgi v. P.D.P. (2017)17 NWLR (pt. 1595)386 and paragraphs 5(a) – (h) of the amended statement of defence as well as paragraphs 1(a) (b) (n) and (o) of the Appellant’s reply to the amended statement of defence.