Judgment
IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The instant appeal is a natural fall-out of the decision of the Court of Appeal, Port-Harcourt, Judicial Division, coram Ejembi Eko, JCA (as he then was), Modupe Fasanmi and Stephen J. Ada, JJCA, delivered on January 27th, 2014 in appeal No. CA/PH/295/2013. By the decision in question, the Court below dismissed the Appellant’s appeal challenging the decision of the Rivers State High Court in suit No. NHC/91/2000 delivered on March 8th, 2013.
BACKGROUND FACTS The facts and circumstances surrounding the appeal are not at all far-fetched. They are deducible from the record of appeal, evidently transmitted from the Court below to this Court on October 6th, 2021.
Indeed, the genesis of the appeal is traceable to September 23rd, 1991. That was the fateful day one Siyeofori A lamina was killed while fishing in Ogu Creek, in Ogu lobolo Local Government Area of Rivers State, in an accident allegedly caused by the Appellant’s speed boat, SLUDGE 1.
Series of efforts were made by the respective parties with a view to amicably diffusing tension arising from the circumstances leading to the untimely death of the deceased person. Most particularly, on September 23rd, 1999, one Mr. HT Minakiri wrote letters to the Appellant and various other organizations (including the Ijaw Freedom Fighters, Ijaw National Congress, et al), thereby demanding for the payment of damages in the sum of N147,000,000.00 (One Hundred and Forty Seven Million Naira) only to the family of the victim of the accident, the late Mr. Siyeofori Alamina.
On December 20th, 1999, the Appellant, by its letter addressed to the Ijaw National Congress, forwarded to the family of the deceased person (Mr. S. Alamina) an Equity Bank Ltd cheque bearing the sum of one Million Naira. The cheque in question was received and duly acknowledged by one High Chief F.J. Williams on December 21st, 1999.
However, on September 28th, 2000, 9 years after the fateful accident that resulted in the death of the said Mr. S. A lamina, Mr. H T Minakiri (now deceased) deemed it expedient the institute the suit (NHC/91/2000) at the trial High Court vide a writ of summons. Filed along with the writ was a motion Ex parte, thereby praying the trial Court to hear and determine the action under the undefended List procedure. The trial Court granted the motion Ex parte, and accordingly entered the action under the undefended List.
