Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Between
U. T. C. NIGERIA PLC- Appellant
AND
ALHAJI ABDUL WAHAB LAWAL –Respondent
…………………….A…………………….
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division herein referred to as court below. The plaintiff now respondent took out a writ of summons against the defendant, the Appellant herein. The writ says:-
The plaintiff’s claim in the amended writ of summons dated the 18th July 1988 is for the sum of (Four Hundred and Thirty Seven Thousand, Eight Hundred and Thirty Two Naira, Seven kobo) N437, 832.07k being the outstanding defaults of instalments due from the defendant to the plaintiffs under ten separate agreements whereby the plaintiffs let on hire with option to purchase the said subject – matter at a total purchase price of N716, 175.39. In a nutshell, the defendant willfully and persistently failed, refused and/or neglected to liquidate the sum due and owing despite repeated demands by the plaintiffs. The plaintiffs then claim the outstanding balance of N437, 832.07 together with interest at the rate of 15% from 31st July, 1993 being the last date of default until judgment and thereafter at the rate of 6% until the outstanding debt and costs are fully paid. The plaintiffs further seek an order for leave of this (Court of Appeal) court to sell the seized vehicles.
Pleadings were filed and exchanged and the case set down for trial. Further amended writ of summons and statement of claim were filed. While the amended statement of defence and counter-claim dated and filed on 27/9/90 were intact.
The plaintiffs called two witnesses who testified in proof while the defendant testified on his own behalf and called no witness. The 2nd plaintiff’s witness one Ahmed Tijjani and one Mr. Ekisola appeared abruptly and asked for adjournment. Both failed to appear in court any more. The learned counsel for the Defendant also appeared in court.
