Judgment
MISITURA OMODERE BOLAJI-YUSUFF J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Delta State delivered in suit no. W/63/2010 on 17/5/2013.
The respondent as the claimant at the lower Court commenced the action by a writ of summons and statement of claim wherein he claimed the following reliefs against the appellants: (a) The sum of N5,304,400.00 (five million three hundred and four thousand four hundred naira) representing the total sum accruable to the respondent as his entitlement from the profits which accrued from July to January, 2010 till date. (b) Interest pursuant to Order 35 Rule 7 High Court of Delta State (Civil Procedure) Rules, 2009 on the judgment debt and costs at the rate of 15% per annum from the date of judgment until actual liquidation of the judgment debt.
The appellants counter-claimed against the appellant as follows: (a) The sum of N1,887,296.00 (one million eight hundred and eighty- seven thousand two hundred and ninety-six naira) The case of the respondent as the claimant at the lower Court was that sometime in the year 2002, his uncle, Chief A.M. Bubor (JP) secured a contract with Chevron Nigeria Ltd to supply a barge for the services of the company which contract is a running contract. His uncle thereafter engaged him as an agent to secure the said barge which he did. He secured the barge from MR.
KHODER MAZIOUM, the 1st appellant which he supplied to Chevron Nig. Ltd. The agreed contract sum to be paid by Chevron was $600.00 per day. His uncle and the 1st appellant agreed among themselves that the contract sum which was $600 should be shared in the ratio of $450 to the 1st defendant, $130 to Chief Bubor and $20 to the respondent per day. The appellants withheld the respondent’s entitlement of $20 per day on the vague excuse that the Bank which sponsored the purchase of the Barge was still recovering the loan.
The appellants were paying Chief Bubor promptly without any hitch or disruption. After several demands by the respondent, the appellants paid a total sum of N1,887,296.00 (One Million, Eight Hundred and Eighty-Seven Thousand, Two Hundred and Ninety-Six Naira). The appellants have persistently and doggedly refused to pay the balance. The appellants’ case was that the respondent is Chief Bubor’s nephew and agent and he can only receive remuneration from Chief Bubor.
