CORAM

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JUMMAI HANNATU SANKEY, JUSTICE SUPREME COURT

ONYEKACHI AJA OTISI, JUSTICE SUPREME COURT

JOSEPH EYO EKANEM, JUSTICE SUPREME COURT

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PARTIES

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HOTEL AND CATERING SERVICES LTD

 

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1. UNCLE T. FURNITURE CO. (NIG)

2. ANTHONY NMOR

 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Respondents’ claim before the High Court of Justice Benue State, sitting in Makurdi, was for a declaration that the Plaintiffs were entitled to be paid the sum of N651, 480.00k being money owed the Plaintiffs by the Defendant (now Appellant) as charges for services rendered, an order for payment of the said sum, plus 10 per cent interest on the Judgment debt from Judgment until the debt is liquidated. In the statement of claim, the Respondents pleaded that the Appellant awarded various contracts to the 1st Respondent who executed same through the 2nd Respondent. The 1st Respondent was contracted by the Appellant to make and service furniture in the Appellant’s Hotels at Makurdi and Abraka in the period between the years 2006 to 2008. These various contracts were executed through the 2nd Respondent and the Appellant took delivery of the finished products. Thereafter, the Respondents claim that they were owed payments for the outstanding contract sum of N651, 480.00. The Appellant filed a statement of defence which was subsequently amended, and also counterclaimed against the Respondents. The Appellant on her part denied owing the Respondents any sum at all on ground that the quality of the jobs executed by the 2nd Respondent and the level of his honesty to the Appellant had fallen below the standard expected of the 2nd Respondent; that the 2nd Respondent had cheated her by using substandard and cheap wood for the jobs executed but charged high rates above the prevailing market prices. And that the 2nd Respondent use her own materials for the jobs and still charged the Appellant for them. Finally the Appellant contended that the 1st Respondent is not a juristic person capable of suing and being sued, not being a company registered under the Companies and Allied Matters Act. The Respondents responded by filing a reply and a defence to the counterclaim. At the end of the trial, the lower Court entered judgment in favour of the Respondents for the reduced sum of N372, 480.00, while the Appellant’s counterclaim was dismissed outright. Aggrieved, the Appellant filed a Notice of Appeal wherein she complained on five grounds.

 

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HELD

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Appeal Dismissed

 

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ISSUES

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Whether the Respondents established their claim as well as the juristic personality of the 1st Respondent to warrant the award of Judgment in their favour. Whether the Appellant was entitled to the reliefs sought for in her counterclaim.

 

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RATIONES DECIDENDI

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Companies and Allied Matters Act|Evidence Act, 2011|

 

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CLICK HERE TO READ FULL JUDGMENT

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