Wilson Obioha & Sons Limited & Anor V. Inamsco Multi Concepts Limited & Anor (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The instant appeal is a fall-out of the judgment of the High Court of Cross River State, Calabar Judicial Division, delivered on November 12, 2013 in suit No. HC/9 B/2013. By the judgment in question, the Court below coram, Okoi Ikpi Itam, CJ; granted the reliefs sought by the Respondents against the Appellants.

BACKGROUND FACTS

The Respondents instituted the present action vide a writ of summons dated and filed on April 10, 2013, claiming against the Appellants:

(a) The sum of N1,171,200.00 (One Million, One Hundred and Seventy One Thousand, Two Hundred Naira) only being money paid the claimants by the defendants for the 615 crates of Assorted Drinks not supplied

(b) The sum of N100,000.00 (One Hundred Thousand Naira) only being cost of litigation.

(c) 10% interest on judgment sum from the day of judgment until judgment sum is fully and finally liquidated.

Supporting the writ of summons, is a 13 paragraphed affidavit deposed to on April 10, 2013 by the 2nd Respondent. By the order of Court granted on May 2, the suit was entered on

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the undefended list.

Contrariwise, on May 22, 2013, a notice of intention to defend the action was filed by Chief E. O. Onyebueke, Esq., for the Appellants.

On October 21, 2013, the 2nd Respondent testified for the claimants and tendered Exhibits 1-3. At the end of the testimony of 2nd Respondent, Bebia, Esq., closed the case for the claimant. Whereupon, the Court below adjourned the case to 12/11/2013 for ‘decision’. On the date in question, the Court below delivered the vexed judgment to the conclusive effect:

I have perused the processes filed by the parties, and the evidence of PW1 with deep attention. I am satisfied that the claimants have proved their case and that the Defendants have no good substantial or real defence to the actions. In the event, judgment is hereby entered in favour of the claimants against the defendants as follows: –

1. N1, 171,200.00 (One Million, One Hundred and Seventy One Thousand, Two Hundred Naira) only being money…the claimants by the defendants for 615 crates of Assorted Drinks paid for but not supplied.
2. 10% interest on the above judgment sum from tomorrow i.e. 13/11/2013 until the judgment sum is

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