University Of Calabar Teaching Hospital V. Lizikon Nigeria Limited & Anor (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The appeal is against the judgment of the High Court of Cross River State coram E. O. Abua, J; delivered on June 9, 2014 in Suit No, HC/138/2014.

Both the 1st and 2nd Respondents are two distinct limited liability companies that allegedly have had a contractual relationship with the Appellant. On May 22, 2014, the Respondents jointly issued out a writ of summons against the Appellant claiming moneys owed thereto by the Appellant. By the endorsement to the said writ, the Respondents claimed against the Appellant:

1. N11,167,047 (Eleven Million, One Hundred and Sixty Seven Thousand, Forty seven Naira, and Ninety Six Kobo) only being the unpaid contract sum due the 1st claimant for various construction jobs executed by the 1st claimant for the defendant at the defendants hospital complex in Calabar.
2. N7,463,653.0 7 (Seven Million, Four Hundred and Sixty Three Thousand Six Hundred and Fifty Three Naira, Seven Kobo) only being the unpaid contract sum due the 2nd Claimant for various construction jobs executed by the 2nd claimant for the defendant at

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the defendant’s hospital complex in Calabar.

3. A post judgment interest of 10% per annum on the judgment sums from the date of judgment until the debt is fully paid.”

?See page 2 of the Record.

A 15 paragraphed affidavit in support of the application to hear the suit on the undefended list was filed on 22/05/2014. Attached to the affidavit are various documents, marked as Exhibits 1A-5A, B1-B5, C1-C3, D1-D2, E, F, G and I, respectively.

On June 6, 2014, a notice of preliminary objection was filed in the Court below by Immaculata E. Ironbar of Orok Ironbar & Associates of Appellants’ counsel to the following effect:

that the defendant being a Federal Government Agency, objects to the hearing of this matter by the Cross River State High Court as it violates Section 251 (p), (q) and (r) of the Constitution of the Federal Republic of Nigeria (1999) as amended.

The preliminary objection has been canvassed in a written address filed on 06/06/2014.

On June 16, 2014, a motion on notice was equally filed by the said Appellants’ counsel thereby seeking orders:

i. Setting aside the default judgment of this Honourable High

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Court of 9th June, 2014, in the absence of the defendant.