Judgment
TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Lagos Division, delivered on the 23rd day of October, 2014, wherein the Appellant’s appeal against the judgment of the trial Court was unanimously dismissed by the lower Court.
The claim of the Respondent in this appeal as Plaintiff at the trial Court as per the writ of summons taken out on the 26th day of April 2000 reads as follows: 1. A declaration that the negligent payment by the defendant of money due to the plaintiff (in the sum of N7,339,217.25) into a private account instead of the plaintiff’s account is wrongful and unlawful. 2.
An order for the payment of the defendant to the plaintiff of the sum of N1,738,171.28 representing interest at the rate of 21% on the said sum of N7,339,217.25 per annum from 12/5/98 to 28/6/99 being the period during which the defendant wrongly deprived the plaintiff of its money. 3. Further interest on the said sum of N1,738,171.28 at the rate of 21% per annum from 29/6/99 until the sum is fully liquidated.
The facts grounding this appeal are that the Appellant as defendant filed a statement of defence on 27th July, 2000. In 2004, when the Lagos State High Court (Civil Procedure) Rules came into force, the parties were required to follow the new rules. The Respondent therefore refiled its claims and complied with the new rules. Thereafter, the front-loaded processes were served on the Appellant, as defendant, in February, 2005. The Appellant did not file its accompanying documents in relation to the processes filed and served on it.
At the pre-trial conference on the 13th day of April, 2006, the Court was informed that the defendant/applicant was served and was absent in Court. The trial Court was satisfied that the defendant/Appellant had been duly served, judgment was accordingly entered in favour of the Claimant/Respondent.
The Claimant/Respondent thereafter levied execution of the default judgment on the 26th day of July, 2006. The Appellant on the 31st day of July, 2006 filed a motion on notice and prayed, for a stay of further execution of the default judgment, an order setting aside the default judgment and an order for the release of the Appellant’s vehicles held in execution of the judgment. This application was supported by an affidavit and written address, further affidavit was also filed on the 8th day of August, 2010.
