Judgment
JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment) : This appeal is against the ruling/judgment delivered on 4th May 2021 in the High Court of Plateau State sitting in Jos. In the High Court (the Court below), the Appellant was the Plaintiff.
The Respondents were the Defendants. The claim of the Appellant against the Respondents brought under the Undefended List procedure was for the following: (a) One Hundred and Seventy-Two Million, Six Hundred and Ninety-Eight Thousand, Seventy-Eight Naira (N172,698,078) being outstanding sum payable to the Appellant by the Respondents. (b) 10% interest on the above sum from September, 2019 till judgment and thereafter until satisfaction of the judgment sum. (c) Seventeen Million, Two Hundred and Sixty-Nine Thousand, Eight Hundred and Seven Naira Eighty kobo (N17,269,807,80) being professional fees charged by the Appellant’s solicitors. (d) Costs of the action.
In summary, the case of the Appellant in the Court below as can be made out from the affidavit in support of the claim is as follows: The Appellant is a registered company that carries out sports businesses particularly football. In 2012, it approached the 2nd Respondent for sponsorship in the Nigerian National League. The 2nd Respondent agreed to sponsor the Appellant on the condition that the Appellant qualified to play in the Nigerian National League.
Following the understanding reached between the Appellant and the 2nd Respondent, the latter made several financial approvals in support of the Appellant for 2012/2013, 2013/2014, 2014/2015 and 2015/2016 football seasons. Although the approvals were made, not all payments were made. The total amount that remained unpaid was N172,698, 078.00. Although the Respondents filed a notice of intention to defend the suit, it nevertheless raised a preliminary objection to the hearing of the suit.
In the notice of preliminary objection, the Respondent challenged the competence of the suit on the ground that it did not disclose a cause of action and that the Appellant had no capacity to institute the action. The defence of the Respondent as can be made out from the affidavit in support of the notice of intention to defend is as follows: That there was no contract relationship between the parties regarding the sponsorship of the activities of the Appellant as no documents were signed between the parties to that effect.
