Wilbahi Investments Limited & Anor V. Archspan Consult Limited (2009)

LawGlobal-Hub Lead Judgment Report

UWANI MUSA ABBA AJI, J.C.A.

This is an appeal against the decision of Honourable Justice A.M. Talba of the High Court of the Federal Capital Territory, Abuja delivered on the 20th day of September, 2006, whereby the Honourable Trial Judge gave judgment in favour of the (now Respondent in this appeal).

The brief facts of this case are that by a writ dated and filed on the 6th of June, 2005 and initially instituted under the undefended list procedure, the /Respondent claimed against the Defendants/Appellants, jointly and severally as follows:

1.) The sum of N924,000.00 (Nine Hundred and Twenty four Thousand Naira) only being the balance of the cost of design, production of drawings as well as professional fees on the Defendants project: Development of Luxury Apartments on Plot 11, Kukwaba District, Abuja whereof the defendants engaged the services of the ;

2.) 10% interest on the Judgment sum from March, 2002 till the Day of Judgment in this suit and final liquidation thereof;

3.) Costs of this suit.

However the Appellants subsequently filed their Notice of Intention to defend the suit and on the 20th of October, 2005, the Honourable Trial Court granted the Defendants/Appellants’ application to defend the suit. Consequently, the /Respondent filed a witness statement on Oath along with his pleadings in accordance with the rules of the lower court and the Defendants/Appellants did same.

The matter went into full trial and the trial court gave judgment in favour of the Respondent.

Dissatisfied with this judgment, the Appellants have vide a Notice of Appeal dated 16th October, 2006 and filed on the same day and predicated upon three (3) Grounds of Appeal, appealed to this Honourable court.

The Grounds of Appeal, without their particulars are hereby reproduced:

Grounds of Appeal

1. The learned Trial Judge erred in law and on the facts in holding thus:

“In conclusion, it is my finding that has been able to establish a claim against the Defendants on the evidence before me that the sum claimed is owed the. It is therefore my judgment that the Defendants should pay to the sum of N924,000.00 being the balance of the cost of drawings designs as well as professional fees on the Defendants’ Project Development of Luxury Apartment at Plot 11 Kukwaba District, Abuja.”

2. The learned Trial Judge erred in law in awarding the sum of N50,000.00 as cost of litigation