Tony Anozia V. The Attorney General, Lagos State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I. M. M. SAULAWA, J.C.A: (Delivering the Leading Judgment)

This is an appeal against the interlocutory decision of the High Court of Lagos State, Lagos Judicial Division, delivered on 26/10/07 by the Hon. Justice T.A.O. Oyekan-Abdullahi, J.

It is discernible from the record of appeal, that on 25/01/05 the Appellant filed in the court below a writ of summons (LD/91/2005), seeking two reliefs against the four Respondents, jointly and severally, viz:

“1) A Declaration that the LOSS OR WITHHOLDING OR DESTRUCTION of the case file in suit No LD/197/90 since May, 2004 by the Lagos State Judiciary wherein the Plaintiff is claiming Aggravated Damages of N10 Million against the Defendant as it terminates the plaintiff’s right to seek redress in the Lagos State Court of Nigeria or causes undue delay in realising the redress.

2) The sum of N20 Million being Special and General Damages from the Defendants jointly and severally for the LOSS OR WITHHOLDING OR DESTRUCCTION OF THE CASE FILE IN SUIT No. LD/197/90 which was under their LEGAL custody and which they failed to produce since May, 2004, for due adjudication inspite of repeated demands by the plaintiff and thereby failed in their DUTY OF CARE TO THE PLAINTIFF of safe custody and availability of the file for adjudication.”

However, by the statement of claim thereof, filed along with the writ of summons on 25/01/05, the Appellant sought the following distinct reliefs: “a. A Declaration that the conduct of Lagos State Judiciary is negligent.

b. N20 Million being Special and General Damages.”

On the part thereof, the Respondents filed a joint statement of defence and counter claim, on 22/9/05, denying the entire claim, thereby counter claiming thus:

“25.1. The sum of Fifty Million naira (N50,000,000.00) only being general damages for libel maliciously published of and concerning the defendants in the letter, dated nod October, 2004 and the statement of claims dated 19th of January, 2005.

25.2. An order that the claimant retract the aforesaid libelous publication and tender a clearly worded apology to the defendants.”

In the course of the trial of the suite, the Appellant filed a notice of preliminary objection, dated 29/9/05, which was predicated on the following grounds:

“(1) That the counter claim is not ALIGNED to the Claimant’s claim in NEGLIGENCE.

(2) That the counter claimants have NO LOCUS STANDI and therefore the court has NO JURISDICTION OVER THE COUNTER CLAIM.

(3) The facts as contained in the counter claim in the CON OF WRIT DO NOT DISCLOSE A CAUSE OF ACTION.