- Jonason Triangles Ltd v. C. M. & P. Ltd
- ₦ 200
Jonason Triangles Ltd v. C. M. & P. Ltd
JONASON TRIANGLES LTD.
JONATHAN A. ANAGOR
CHARLES MOH & PARTNERS LTD.
SUPREME COURT OF
SALIHU MODIBBO ALFA BELGORE ( Presided )
IDRIS LEGBO KUTIGI, JSC
SYLVESTER UMARU ONU, JSC
ALOYSIUS IYORGYER KATSINA-ALU, JSC
AKINTOLA OLUFEMI EJIWUNMI, JSC ( Read the Lead Judgment )
4TH OCTOBER, 2002
APPEAL - Finding of
fact - Concurrent findings of fact of lower courts Attitude of Supreme Court
COURT - Supreme Court - Attitude of to
concurrent findings of lower courts COURT - Trial Judges - Discretion of - How
treated by appeal court
COURT - Trial Judges -
Duty thereon to facilitate hearing of actions pending before same
Whether the appellantsâ€™ right to a fair hearing of the
substantive suit at the trial had been breached or substantially eroded and
whether the concurrent decision to the contrary has occasioned serious
miscarriage of justice in the circumstances.
Whether the purported hearing and determination of the
substantive suit was competent and whether the concurrent decision affirming
same has occasioned serious miscarraige of justice.
to this appeal is an incorporated company with its head office at No. 9 Bedwell
Street, Calabar. The 1st appellant is also an incorporated company with its
head office at No. 1 Transamadi Layout, Port Harcourt. The 2nd appellant is its
statement of claim filed by the respondent and evidence given thereon, it would
appear that on or about the 26th of October 1994, the parties agreed that the
appellants would convey teak wood on behalf of the respondent from Eboko for
delivery to Calabar Wharf. The agreement to this effect was entered into in
Calabar. It was also a term of the agreement that the teak wood would be
delivered in ten trips and at a cost of N275,000.00; the respondent claimed
that he paid to the appellants the sum of N270,000.00 with a Union Bank cheque
and also N5,000.00 to complete the cost of transaction. The respondent also
stated that in order to effect due performance of the contract, he hired a pay
loader for five days at the cost of N180,000.00.
failed to carry the teak wood as agreed. And in spite of the several demands
made for the return of the money paid to him, and the incidental expenses
incurred by the respondent for the proper execution of the contract, the appellants
refused or neglected to pay the money.
Hence, the respondent commenced this action in the High Court of Cross River
State holden at Calabar claiming jointly and severally against the appellants
for the sum of N5,000,000.00 (five
million Naira) as special and general damages.
commencement of hearing in the matter, the appellantsâ€™ counsel filed a motion
for the transfer of this suit from the High Court of Cross River State to the
High Court of Rivers State which motion the counsel refused to come to court
and move after several adjournments. The respondentâ€™s counsel then brought his
own motion for accelerated hearing and applied that the appellantsâ€™ motion be
struck out. The trial court granted respondentâ€™s motion for accelerated hearing
and struck out the appellantsâ€™ motion and proceeded to hearing the matter.
conclusion of the trial, judgment was entered in favour of the respondent.
Dissatisfied, the appellants filed two
appeals at the Court of Appeal, one against the judgment and the other one
against the order of trial court refusing his application for setting aside the
judgment. The Court of Appeal dismissed the two appeals. Not yet satisfied, the
appellants appealed to the Supreme court.