CORAM
IGNATUS CHUKWUDI PATS-ACHOLONU JUSTICE, COURT OF APPEAL (Presided)
MICHAEL EYARUOMA AKPIROROH JUSTICE, COURT OF APPEAL
ABOYI JOHN IKONGBEH JUSTICE, COURT OF APPEAL (Delivered the leading judgment)
PARTIES
FOINTRADES LIMITEDMRS. SILVERLINE A. ORUENE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff instituted an action against the Defendants for the following claims and declaration: a declaration against the 1st and 2nd Defendants deed of sub-lease registered as no 38/38/87 at the land registry is null and void, perpetual injunction restraining the Defendant from claiming the property, an order for re- possession of the property by the 2nd Plaintiff, and N 7,000,000.00k as general damages from the Defendants. The 1st Defendant failed to enter appearance or file a defence while the 2nd Defendant not only entered appearance but also filed a statement of defence putting all averment in the Plaintiff statement of claim on issue. Because of the failure of the 1st Defendant to enter appearance the Plaintiff moved the court to enter final judgment against the defaulting Defendant which was opposed by the 2nd Defendant arguing that a final judgment at this stage is bound to prejudice the defaulting Defendant’s cause. At the hearing of the motion for judgment, the Court entered final judgment against the 1st Defendant, the Court further order that the 1st and 2nd Plaintiffs are to be pay the sum of N 250,000.00k each as general damages, while the case of the 2nd Defendant was adjourned. Dissatisfied with the judgment, the non defaulting Defendant appealed to the Court of Appeal. The Plaintiff also cross appealed.
HELD
Appeal Dismissed, Cross-Appeal Dismissed
ISSUES
Whether the earlier judgment of the High Court of Rivers State in suit PHC/217/95 declared the deed of sublease to be void, such as to preclude a subsequent action premised on the validity of the same deed of sublease, viz: Universal Associate’s suit PHC/639/99.”
RATIONES DECIDENDI
PLEA OF RES JUDICATA- APPLICABILITY OF THE PLEA OF RES JUDICATA
‘‘The plea of res judicata applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.’’ PER IKONGEBEH, JCA
DEFAULT JUDGMENT – WHETHER DEFAULT JUDGMENT IS A JUDGMENT ON THE MERIT
“A default judgment is not a judgment on the merit”. PER IKONGEBEH, JCA
CASES CITED
Cardoso v. Daniel (1986) 2 NWLR. (Pt. 20) 1, @ 45.U. T. C. (Nig.) Ltd v. Pamotei (1989) 2 N.W.L.R. (Pt. 103) (7) 244.
STATUTES REFERRED TO
The Rivers State-High Court (Civil Procedure) Rules, 1987