Court of Appeal Nullifies Judgement of the Rivrs State High Court in the Tune of Over 3 Billion Naira
We are happy to announce our successful representation of the Appellant in this appeal at the Court of Appeal, Port Harcourt Judicial Division wherein the court allowed the appeal and set aside the Judgement of the Rivers State High Court against our client in the tune of N3,490,000,000.00
Background Facts:
The Respondent commenced this suit at the Federal High Court sitting in Port Harcourt vide a writ of summons claiming for the sum of Fourteen Billion, Eight Hundred and Twenty Six Million, Seven Hundred and Eighteen Thousand, One Hundred and Sixty Seven Naira Forty One Kobo (N14,718,167.41) as cost and damages arising from the Appellant’s alleged breach of the Ikot Abasi- Opobo Electrification contract. The Federal High Court declined jurisdiction and transferred the suit to the Rivers State High Court where the matter was fully heard and concluded.
At the end of the trial, the learned trial Judge delivered his judgment in favour of the Respondent and awarded the sum of N3,490,000,000.00 (N3.490 Billion) as damages against the Commission for breach of contract.
Aggrieved by the Judgement, we, on behalf of the Appellant, filed this appeal to the Court of Appeal, Port Harcourt Judicial Division.
Judgement:
In agreeing with our arguments and submissions, the Court of Appeal allowed the appeal in full, and the Judgement in the tune of N3,490,000,000.00 delivered by the Rivers State High Court, Port Harcourt Judicial Division against the Appellant was completely set aside for being “perverse and unsustainable.” In allowing the appeal, the Court of Appeal particularly held, amongst others, as follows, that:
1. There was a disconnection between the pleadings and evidence of the Respondent.
2. In the light of the pleadings and evidence before the trial court, the said arithmetic of the learned trial judge in awarding the sum of N3,490,000,000.00 to the Respondent was perverse and unsustainable.
Comments: The court looks only at the issues raised in the pleadings. A host of judicial pronouncements firmly establish that parties are bound by their pleadings and must lead evidence strictly in line with those averments. Evidence that is at variance with, or unsupported by, the pleadings goes to no issue and must be ignored by the court. A party’s case stands or falls on the averments in their pleadings, and they cannot depart from this case during the hearing.
Granville Abibo & Co
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