OLIVER IWUNUNNE V MORRIS EGBUCHULEM & ORS
April 24, 2025BODE THOMAS V FJSC
April 24, 2025Legalpedia Citation: (2016) Legalpedia (SC) 88112
In the Supreme Court of Nigeria
Fri Apr 22, 2016
Suit Number: SC.113/2005
CORAM
MARY UKAEGO PETER-ODILI JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
MUSA DATTIJO MUHAMMAD JUSTICE. SUPREME COURT
JOHN INYANG OKORO JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
JOHN INYANG OKORO JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE. SUPREME COURT
MUSA DATTIJO MUHAMMAD JUSTICE. SUPREME COURT
JOHN INYANG OKORO JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE. SUPREME COURT
JOHN INYANG OKORO JUSTICE. SUPREME COURT
AMIRU SANUSI JUSTICE. SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE. SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE. SUPREME COURT
MUSA DATTIJO MUHAMMAD JUSTICE. SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE. SUPREME COURT
PARTIES
CHIEF CLEMENT O. OKAFOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Defendant/Appellant entered into an agreement with the Plaintiff/Respondent to procure a buyer for his landed property situate at No. 5, Igwesi Close in Trans Ikulu Qtrs of Enugu town in Enugu State on an agreed commission to be paid by the Defendant/Appellant to the Plaintiff/Respondent. The Plaintiff/Respondent as agreed got a buyer for the Defendant/Appellant’s property who agreed to purchase same at the cost of Two Million, Five Hundred Thousand Naira Only (? 2,500,000.00). It was however discovered that the property was not free from encumbrances as the property was earlier used as collateral for loan applied for by the Defendant/Appellant at the Nigerian Agricultural Bank. The buyer hence offset the loan and paid the Defendant/Appellant One Million, Eight Hundred and Seventy Thousand Naira (1,870,000.00) being balance for the purchase of the property after deducting the loan offset. Upon conclusion of the transaction, the Defendant/Appellant failed to pay the Plaintiff/Respondent the agreed commission despite repeated demands for it, he thereafter resorted to harassment and intimidation by lodging unfounded allegations against the Plaintiff/Respondent to the police which lead to the arrest and detention of the Plaintiff/Respondent. The Plaintiff/Respondent hence, instituted an action at the High Court of Enugu state claiming against the Defendant/Appellant; the sum of N125, 000.00k being agency commission due to him, interest on the aforesaid amount at the rate of 21% per annum until the date of the judgment and 5% per annum on the judgment debt, and special and general damages respectively for the humiliation suffered by the Plaintiff/Respondent by virtue of his arrest, detention and molestation by the police. Upon being served with Writ of summons and amended statement of Claim by substituted means, the Defendant/Appellant at the trial court, failed to enter appearance. The Plaintiff /Respondent thereupon filed a motion praying the Court to enter Summary/Default judgment in his favour. The trial court consequently entered judgment in part in favour of the Plaintiff/Respondent on the first and second claims/reliefs while the third claim/relief which relates to special and general damages was adjourned. The Defendant/ Appellant thereafter filed a motion on notice to the trial court praying it to set aside the Default judgment. The trial court refused to set aside its default judgment, but however granted the Defendant/Appellant extension of time to file his statement of defence on the third claim contained in the Plaintiff’s/Respondent’s Amended Statement of claim. At the conclusion of the case, the trial court awarded the Plaintiff/Respondent a sum of N35, 000.00 as general damages against the Defendant/Appellant. Dissatisfied with the decision of the trial court, the Appellant appealed to the Court of Appeal which dismissed same and affirmed the decision of the trial court. Further dissatisfied, the Appellant has appealed to this Court.
HELD
Appeal Dismissed
ISSUES
1. Whether the Court of Appeal has jurisdiction to disregard the appellant’s motion on notice dated and filed on 24/3/2005 challenging the competence of issues 1 and 2 formulated by the Respondent?
2. Whether the Court of Appeal has any power to discountenance the order which granted leave to the appellant to raise new issues of lack of jurisdiction by the trial court which was granted by a different panel of the same court?
3. Whether the misconstruction of the appellant’s case by the Court of Appeal did not occasion miscarriage of justice in the case when there is no proof of any contractual relationship between the appellant and the Respondent?
4. And Whether the Court of Appeal was justified in finding the appellant liable for arrest and detention of the Respondent by the police?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Court of Appeal Rules 2002Torts Law Cap 135 Laws of Anambra State 1986
