General Electric Company V. Harry Ayoade Akande & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

S. MUNTAKA-COOMASSIE, J.S.C.

The Appellant herein, General Electric Company Limited, is the 4th defendant in suit No. FHC/L/22/90 at the Federal High Court sitting in Ikoyi Lagos, and has appealed against the judgment of the Court of Appeal delivered on 6th October, 2008. Other 4 defendants 1st, 2nd, 3rd and 5th did not appeal. The crucial and amazing aspect of this appeal is that the main appeal was pending and without hearing the Court of appeal decided abruptly to dismiss the appellant’s appeal without hearing notwithstanding that the parties had filed their respective briefs of argument. The same court, now lower court struck out also without hearing the appellant’s motion on Notice for leave to amend its notice of appeal, appellants brief of argument and reply brief.

The 1st Respondent and one other were shareholders and directors in the 4th defendant/respondent company. Both had informed the 4th defendant that they were not happy with the way affairs of the 4th defendant’s company were being run. As a result of the said internal wrangling, Harry Ayoade Akande instituted suit No. FHC/22/90 in 1990 against the 2nd to 5th respondents, the Appellant inclusive.

The amended statement of claim is as contained on pages 223 – 235. By its paragraph 46 the plaintiff claimed thus:-

‘WHEREOF the plaintiff claims against the 1st – 4th Defendants jointly and/or in the alternative, severally, save where otherwise specifically indicated, and for the benefit of the 5th Defendant as follows:-

i) A Declaration that all funds, fees, commissions remuneration and other sums of money paid or payable by the 4th defendant to the 3rd and/or the 1st and or 2nd defendant (s) [or any or either or all of them] under the various sales representative agreements between the said defendants are for the benefit of the 5th defendant company by virtue bf the various agreements made between the 4th and 5th defendants, which agreements are legally and validly binding and enforceable on all the parties to this action.

ii) as special damages, commission, at 5 1/2% on the various contracts sums namely:

(a) U.S$1,710631.00 (5 1/2% of US $31,102,385)

(b) N144,677.50 (5 1/2% of N2

(c) US $5,371,003 (5 1/2% of US $97,654,000.00

(d) Yen 914,388,115 (5 1/2% of Yen 16,625,238,457

(e) N766,513.93 (5 1/2% of N13,936,617 .00

(f) US $778,580.00 (5 1/2% of US$14,156.000

(g) N44,000.00 (5 1/2% of N800,000.00.