Judgment
ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal against the judgment of Kano State High Court in Suit No. K/81/2015, delivered on 18th, May 2015, by Hon. Justice Aisha Ibrahim Mahmud, whereof she gave judgment to the plaintiff in the sum of One Million and Eighty Thousand Naira (₦1,080,000.00) only, being a debt owed.
At the trial Court, the Respondent (as Plaintiff) had sought the following reliefs: 1) The sum of ₦1,080,000 (One Million Eighty Thousand Naira Only) being the amount due to the plaintiff from the defendant. 2) 10% Court interest on the judgment sum from the date of judgment till the judgment sum is liquidated. 3) Cost of this action. By motion, filed on 7/4/2015, the matter was slated for 18/4/2015, for hearing under the Summary Judgment Procedure (Order 11 Kano State High Court (Civil Procedure) Rules, 2014).
The Defendant/Appellant was served with the processes but did not consider it prudent to file any document to challenge the case, because, according to Appellant, the Exhibits A&B as well as the other documents placed before the Court clearly showed that the Plaintiff/Respondent did not supply any electrical materials/goods to the Defendant/Appellant, in his personal name and capacity. On the 18/5/2015, the plaintiff’s Counsel moved the application for the Summary Judgment, which was not opposed and the application was granted.
Appellant later brought this appeal, saying that there was no contractual relationship between the parties. See the Notice of Appeal on Pages 65 to 69 of the Records of Appeal. Appellant filed brief on 17/6/2016 and distilled 6 issues for the determination of the appeal, as follows: 1) Whether in the circumstance, the learned trial judge and or the lower Court had jurisdiction to entertain this action, commenced by the plaintiff/respondent for electrical goods supplied by Messrs. El-Liman Investment Nig.
Ltd to the Appellant and consequently give judgment in favour of the plaintiff/respondent, when the proper plaintiff to institute the same was not before the Court and the plaintiff/respondent has no locus standi (grounds 3 & 4). 2) Whether in the circumstances, it was proper for the plaintiff/respondent, being a DIRECTOR in EL-Liman Investment Nig Ltd and ipso facto, an agent of a disclosed principal, to commence this action for the debt owed to the said El-Liman Investment Nig Ltd in his capacity (Ground 16). 3) Whether having regard to all documents including the writ of summons and statement of claim placed before the lower Court, it can be said that the proper parties to the transactions were before the Court. (Ground 7). 4) Whether in the circumstances, the cause of action for the debt in the sum of ₦1,080,000, being the amount for the electrical parts/goods supplied to the defendant/Appellant by Messrs El-Liman Investment Nig Ltd had accrued so as to commence an action to recover the same. (Ground 5) 5) Whether, having regard to the provision of Order 11 Kano State High Court (Civil Procedure) Rules, 2014, and in the face of documents placed before the Court, the learned trial judge was right to give judgment in favour of the plaintiff/respondent for the said sum of ₦1,080,000 (Ground 2). 6) Whether the learned trial judge was right to give judgment to the Plaintiff/Respondent for the sum of ₦1,080,000, without weighing, evaluating and assessing the evidence placed before the Court. (Ground 1).
