John Holt & Co. Ltd Vs Jonas N. Ezeuko (1975)

LawGlobal-Hub Lead Judgment Report

S. SOWEMIMO, J.S.C.

On 17th May, 1973, Agbakoba, J., sitting at the court of the Onitsha Judicial Division, East Central State, gave judgment in favour of the plaintiff, respondent before us, in the following terms:-

“In the final result I would say that plaintiff is entitled to credit of the value of 361 bags of produce at 2:8:6d. There was no contest as to the price of each bag. Item 1 therefore partially succeeds not on the strength of plaintiff’s case but on the reliability which I place on Exhibit B produced by the defendant. This would amount to a sum of 675:8:6d. The plaintiff succeeds on his own case in item 4 which is 18:2:6d, bringing the total to 893.11. The plaintiff is indebted in the sum of 224.17.1d to the defendant. The balance payable to the plaintiff by the defendant is 668.13.11d.

There will be no order as to costs. The partial success of plaintiff’s case depended on the view which I took of Exhibit B. The plaintiff neither founded his case on Exhibit B nor did learned Counsel rely on it.”

The claim before the learned trial Judge is:-

“18. WHEREFORE the plaintiff claims from the defendant the sum of 4,332.18.11d (Four Thousand, Three Hundred and Thirty Two Pounds, Eighteen Shillings and Eleven Pence) being money payable by the defendant to the plaintiff which amount constitutes plaintiff’s cash deposit and commission with the defendant as per account stated by the defendant dated the 16th of March, 1971 which said sum the plaintiff has requested but the defendant has refused and/or neglected despite repeated demands.”

It may be convenient at this stage to set out the counter-claim filed by the defendant company, now appellant before us, which is:-

“17. The defendant counter claims against the plaintiff the sum of 4,557:16 being money had and received by the plaintiff to the use of the defendant.”

We wish to draw attention to the provisions of the rules governing trial by pleadings and judgment thereon. We refer in this regard to the following rules in Order 33 of the High Court Rules of the High Court of East Central State Cap 61 volume 4 of the Laws of Eastern Nigeria 1963, Page 1618 at seqq:-

“1. In all suits written pleadings shall be ordered by the court unless the court considers in any particular suit that written pleadings are unnecessary.

“5. Every pleading shall contain a statement of all the material facts on which the party pleading relies, but not the evidence by which they are to be proved, such statement being divided into paragraphs numbered consecutively; and each paragraph containing as nearly as may be a separate allegation.

“6. The facts shall be alleged positively, precisely and distinctly, and as briefly as is consistent with a clear statement.

“7. Every statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and may also ask for general relief, and the same rule shall apply to any counter-claim made or relief claimed by the defendant in his defence.

“8. Where the plaintiff seeks relief in respect of several distinct claim of causes of complaint founded upon separate and distinct facts, they shall be stated, as far as may be separately and distinctly. The same rule shall apply where the defendant relies upon several grounds of set-off or counter-claim founded upon separate and distinct facts.