E.O Falola V. Union Bank Of Nigeria Plc (2005)

LAWGLOBAL HUB Lead Judgment Report

U.A. KALGO, JSC

The appellant who was the plaintiff in the trial court claimed against the defendant now respondent as per paragraph 20 of the Statement of Claim, the following reliefs:-

(i) An order compelling the Defendants to pay to the Plaintiff the said sum of N4,500,560.00 with interest thereon at the rate of 20% per annum with effect from 28th day of October, 1983.

(ii) The sum of N25 Million as damages for wrongful detention of the said N4,500,560.00 property of the plaintiff

(iii) The sum of N5 Million for false imprisonment of the Plaintiff when on or about 10th day of January, 1984, the Defendant acting through its Ikeja Branch wrongfully and by means of false and malicious allegation procured the Police to arrest the Plaintiff whereby the Plaintiff was arrested and kept at Ita Oko detention camp near Epe Lagos for a period of 18 (Eighteen) months.

(iv) An order that the continuous refusal by the Defendants to pay the Plaintiff his N4,500,560.00 is illegal and malicious.”

Pleadings were ordered, filed and exchanged between the parties.

By an application dated 30th of May, 1995 the appellant prayed the trial court for an order entering judgment against the respondent on the ground of clear, unambiguous and unequivocal admission of liability, pursuant to the provisions of Order 28(6) of the Lagos State High court (Civil Procedure) Rules 1972. The application was heard on the 13th of February, 1996 and on the 19th of April 1996, the learned trial judge, Longe J, in a considered ruling ordered thus:

“There is therefore judgment for the Plaintiff against the defendant for the sum of N4, 500,560.00 being plaintiff’s money deposited with the defendant and of which the defendant admitted in its letter of 10th August, 1990.”

The respondent appealed against this order to the Court of Appeal. The appeal was heard and in a unanimous judgment, the Court of Appeal allowed the appeal, set aside the decision of the trial court and ordered that the case be remitted to the Lagos State High Court to be tried de novo by another judge on the pleadings already filed by the parties. The appellant was dissatisfied with this decision and he appealed to this court.

In this court, the parties filed their respective briefs and exchanged them between them. The appellant identified 3 issues for determination which read thus: –

“1. Whether the court of First Appeal was right in holding that the judgment of Longe J. dated 19th April, 1996 was a final judgment.

If issue No. I hereof is answered in the negative, whether the grounds of appeal filed by the Respondent (Appellant at the Court below) are grounds of law, fact (sic) mixed law and fact.

In the alternative, whether the Court of Appeal was right in holding that there exists (sic) irreconcilable affidavit evidence requiring calling oral evidence to clear before the court of trial.”