ALHAJI ABUBAKAR JALLI GAMBO & ORS Vs JERRY IKECHUKWU & ORS.
(2010) LCN/4050(SC)
In the Supreme Court of Nigeria
Thursday, March 4, 2010
Case Number:SC. 256/2005
JUSTICES:
MOHAMMED, JSC
COOMASSIE, JSC
FABIYI, JSC
ADEKEYE, JSC
ODILI, JSC
APPELLANTS
ALHAJI ABUBAKAR JALLI GAMBO
RESPONDENTS
JERRY IKECHUKWU & ORS
……………………………………
JUDGEMENT (Delivered by Mary Peter-Odili, JSC) The Brief No.3 that we can see should not have been heard on the Undefended List. In fact, the suit had areas requiring evidence to he proffered and so the suit should be sent to the General Cause List for trial on the merits. PAGE| 2 It is directed that the matter be sent back to the FCT Trial High Court to be tried in the General Cause List. This matter does not fall within the ambit of causes that should be dealt with in the Undefended List. This order is made in the interest of Justice since the issue of unliquidated as shown in the writ and other processes damages are to be clarified by evidence. Appeal is allowed. The judgments of the court below and that of the Trial High Court of the FCT are hereby set aside. The suit to be tried by pleadings and in the General Cause List. Hon, Justice Mary Peter Odili Justice, Supreme Court
JUDGMENT (Delivered by M. S. MUNTAKA-COOMASSIE, JSC) There is an unliquidated money demand of one million naira. See relief 3 at the trial court. The learned trial court Judge dealt with the matter as undefended list – writ. No court can do that without calling evidence. The matter could have been thrashed out there and then. It could have been sent back to general cause list for hearing. Appeal with the consent of both Counsel is going to be remitted back to the trial court to be transferred to the general cause list for hearing. The claims are not liquidated money demand the trial lacks the jurisdiction to try or entertain the suit under the undefended list procedure and the court of Appeal was not right to agree with the trial court. The appeal has merit and is allowed and the decision of the Court of Appeal is set aside together with the decision of the trial court. The matter be remitted back to the trial court for hearing. M. S. MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
JUDGMENT (Delivered by Olufunlola Oyelola Adekeye, JSC) The matter heard by the High Court under the undefended list procedure has no feature to qualify it to be entered on that list. In view of the claim for general damages the matter should have been placed on the general cause list so as to hear evidence on the One Million Naira claim for general damages. There is lack of fair hearing in the trial before the High Court. The Justice of this case can only be met by sending the matter down to the trial court for hearing ab initio on the merits. The appeal is allowed. The matter is to be heard De noro before another judge. No order on costs. O. O. Adekeye Justice, Supreme Court, CON
JUDGMENT (Delivered by J. A. FABIYI, JSC) This appeal deals with action filed under the undefended list procedure. Relief (iii) as endorsed in the writ of summons is for =N=1 million general damages for breach of contract which is not one suitable for bearing under the undefended list procedure. It is not a liquidated money demand. The appeal has merit. It is hereby allowed. The suit shall be heard by the Federal Capital Territory High Court under the general cause list upon due filing of pleadings. I agree with the judgment of my learned brother, Mahmud Mohammed, JSC. J. A. FABIYI, Justice, Supreme Court. PAGE| 3
COUNSELS
Chief Wale Taiwo (with him O. Olakanmi) for the Appellant.|Samuel Zibiri (with him S. Idasefiema and U. Uzoma) for the Respondents.|
