Legalpedia Citation: (2024-09) Legalpedia 56324 (CA)

In the Court of Appeal

Holden at Abuja

Wed Sep 18, 2024

Suit Number: CA/A/997/2019

CORAM

Joseph Olubunmi Kayode Oyewole -Justice of the Court of Appeal

Adebukunola Adeoti Ibironke Banjoko -Justice of the Court of Appeal

Okon Efreti Abang-Justice of the Court of Appeal

PARTIES

GLOBAL 2i LIMITED

APPELLANTS

FEGMATECH COMMUNICATIONS LIMITED

RESPONDENTS

AREA(S) OF LAW

CONTRACT LAW, CIVIL PROCEDURE, FAIR HEARING, APPEAL, DAMAGES, UNDEFENDED LIST PROCEDURE, ARBITRATION

SUMMARY OF FACTS

The Appellant, Global 2i Limited, awarded a contract to the Respondent, Fegmatech Communications Limited, but later disputed payment. The Respondent sued at the High Court of the Federal Capital Territory, seeking outstanding payment of ₦113,000,000 for the completed job, general damages of ₦100,000,000 for breach of agreement, and other reliefs. The Appellant did not attend the trial or cross-examine the Respondent’s witness. The trial court entered judgment in favor of the Respondent, awarding all reliefs. Dissatisfied, the Appellant appealed, arguing that the lower court breached its right to fair hearing by hearing the suit under the Undefended List procedure and ignoring a pending preliminary objection. The Appellant also claimed that the case was pending at the Multidoor Courthouse for alternative dispute resolution.

HELD

The Court of Appeal dismissed the appeal and affirmed the judgment of the lower court. It held that the Appellant was given multiple opportunities to participate in the trial but failed to do so. The evidence presented by the Respondent was credible and unchallenged, and the reliefs granted were supported by the evidence.

ISSUES

1. Whether the lower court breached the Appellant’s right to fair hearing by hearing the substantive suit in its absence and entering judgment while alternative dispute resolution was being explored?.
2. Whether the lower court erred by granting all reliefs sought by the Respondent, including double compensation?.

RATIONES DECIDENDI

BREACH OF FAIR HEARING – WHETHER THE LOWER COURT BREACHED THE APPELLANT’S RIGHT TO FAIR HEARING

“The Court held that the Appellant’s right to fair hearing was not breached, as it was duly served hearing notices but chose not to attend court or participate in the trial. A party who fails to seize the opportunity to be heard cannot later claim a denial of fair hearing.”

– Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

FAILURE TO CONSIDER PRELIMINARY OBJECTION – WHETHER THE LOWER COURT ERRED BY PROCEEDING WITHOUT ADDRESSING THE APPELLANT’S PRELIMINARY OBJECTION

“The Court found that while the lower court did not expressly rule on the Appellant’s preliminary objection, this oversight did not invalidate the proceedings. The Appellant’s failure to attend court after being served notice implied abandonment of its defense and objection.”

– Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

DOUBLE COMPENSATION – WHETHER THE LOWER COURT AWARDED DOUBLE COMPENSATION

“The Court ruled that the reliefs granted by the lower court, including general and special damages, were justified based on the evidence. There was no duplication or double compensation, as the reliefs were distinct and based on different legal principles.”

– Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

ALTERNATIVE DISPUTE RESOLUTION – WHETHER THE PENDENCY OF THE MATTER AT THE MULTIDOOR COURTHOUSE INVALIDATED THE LOWER COURT’S JUDGMENT

“The Court held that the pendency of alternative dispute resolution at the Multidoor Courthouse did not prevent the trial court from proceeding with the suit, especially when the Appellant failed to participate in the proceedings.”

– Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

CASES CITED

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