CORAM

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ADAMU JAURO  JUSTICE-COURT OF APPEAL

JOSEPH SHAGBOAR IKYEGH -JUSTICE, COURT OF APPEAL

CHINWE EUGENIA IYIZOBA -JUSTICE, COURT OF APPEAL

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PARTIES

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1. CEKA LIMITED

2. CHIOMA OKONKWO

APPELLANTS 

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NASAL INSURANCE CO. LTD       RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

Dangote Industries Ltd extended a credit facility of 15 Million Naira to support the working capital need of the 1st Defendant/Appellant. It was agreed that the credit facility will be extended subject to the 1st Defendant/Appellant securing a performance bond from the Plaintiff/Respondent. The Plaintiff/Respondent upon the 1st Defendant/Appellant’s application issued the performance bond policy on behalf of the 1st Defendant/Appellant and in favour of Dangote Industries Ltd. The 1st Plaintiff/Respondent executed a counter indemnity agreement in favour of the Plaintiff/Respondent and the 2nd Defendant/Appellant executed a guarantee Form in favour of the Plaintiff/Respondent. The 1st Defendant/Appellant defaulted in paying the credit facility extended to it by Dangote Industries Ltd despite series of demand made but  N5, 750,000.00 was still unpaid. The Plaintiff/Respondent action against the Defendant/Appellant at the Lagos State High Court succeeded hence, the Defendant/Appellant has appealed to the Court of Appeal.

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HELD

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Appeal Dismissed

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ISSUES

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Whether the judgment delivered on 29th January 2010 after final addresses were adopted by counsels on 4th May 2009 and re-adopted on 29th January 2010 is a nullity by virtue S. 294 (1) (5) of the Constitution of the Federal Republic of Nigeria 1999, particularly when all evidences were documentary”.  This is distilled from ground 5 of the notice of appeal.Whether the Honourable Trial Judge was right in awarding a post judgment interest at the rate of 10% in the judgment even though the Claimant asked for 7% interest rate”.  This is distilled from ground 2 of the notice of appeal.Whether the learned trial judge is bound to consider installmental payment in his final judgment when same was not claimed by the Claimant, and where there was no formal application for same after the judgment was delivered”.  This is distilled from ground 3 of the notice of appeal.Whether the judgment of the Honourable Judge delivered on 29th January 2010 is in breach of fair hearing and against the weight of evidence” – This is distilled from ground 1 and 4 of the notice of appeal.

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RATIONES DECIDENDI

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JUDGMENT- A JUDGMENT DELIVERED OUTSIDE THE CONSTITUTIONAL PERIOD WILL NOT BE DECLARED A NULLITY EXCEPT APPELLANT CAN PROVE MISCARRIAGE OF JUSTICE

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“A judgment will not normally be declared a nullity for failure to deliver within the constitutional period unless the Appellant is able to show that there has thereby been a miscarriage of justice. As stated by Ngwuta JCA (as he then was) in Okon v. Ita (2010) LPELR-9010(CA) “the spirit behind the ninety day period in S. 294(1) is to ensure that the decision of the Court is written and delivered when the facts of the case, the inference from the facts and the impression created by the witnesses are still fresh in the mind of the judge.” PER. C.E. IYIZOBA, J.C.A

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JUDGMENT- A SUCCESSFUL CLAIMANT SHOULD NOT BE DENIED JUDGMENT BECAUSE THE DEFENDANT HAS NO MEANS OF PAYING THE DEBT

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“It is not the law that judgment should be denied a Claimant who has succeeded in establishing his claim because the Defendant has no means of paying the debt.” PER. C.E. IYIZOBA, J.C.A

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POST JUDGMENT INTEREST- THE HIGH COURT DOES NOT HAVE THE POWER TO AWARD POST JUDGMENT INTEREST BELOW 10%

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“The lower court consequently had no power to award post judgment interest below 10% irrespective of what was claimed by the Claimant and even where no such claim was made.” PER. C.E. IYIZOBA, J.C.A

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POST JUDGMENT INTEREST- AWARD OF POST JUDGMENT INTEREST IS AT THE DICRETION OF THE COURT BUT IT MUST NOT BE BELOW 10%

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“In the case of Crown Flour Mills Ltd. V. Olokun (2008) 4 NWLR (Pt. 1077) 254 @ 288 F-G the Court of Appeal held
“All the High Court rules of various states of the federation…provide for post judgment interest which the court awards in favour of the victorious party and evidence need not be given for it to be awarded.”
It is a matter completely at the discretion of the lower court. But the point is if post judgment interest is to be awarded, it cannot be less than 10%.” PER. C.E. IYIZOBA, J.C.A

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CASES CITED

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999 (as amended)The High Court of Lagos State Civil procedure Rules 2004

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CLICK HERE TO READ FULL JUDGMENT

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