IN THE HIGH COURT OF JUSTICE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT MAITAMA ABUJA BEFORE HIS LORDSHIP: HON. JUSTICE SALISU GARBA COURT CLERKS: BWALA NATHAN & OTHERS COURT NUMBER: HIGH COURT FIVE (5) CASE NUMBER: FCT/HC/CV/2184/2013 DATE: 23 RD SEPTEMBER, 2013 BETWEEN: IBRAHIM PURI - PLAINTIFF AND FRANCIS O. EKPEKUREDU - DEFENDANT Parties absent. Doris Ojie for the Plaintiff. Plaintiff s Counsel The matter is for ruling and we are ready. J U D G M E N T This is a matter brought under the Undefended List Procedure, wherein by a writ of summons dated 7/3/2011, the Plaintiff claim against the Defendant as follows: 1. An order directing the Defendant to pay the sum of Ten Million Naira (N10,000,000.00) to the Plaintiff being the sum received of the Plaintiff on the 14 th February, 2006 as first installment for sale of plots of land situated at Plots 2450, 2449, 2448 and 2447 at Cadastral Zone at A6, Maitama District, Abuja which he failed to transfer to the Plaintiff. 1
2. 10% Interest on the judgment sum monthly until the judgment sum is fully satisfied and liquidated. 3. The sum of Five Hundred Thousand Naira (N500,000.00) being the cost of this action. In proof of this claim the Plaintiff filed an 8-paragraph affidavit dated 7/3/2013 deposed to by Doris Ojie, a legal practitioner in the law firm of John Erameh & Co. In paragraph 4(a) of the said supporting affidavit, the plaintiff avers that sometime in February 2006, the plaintiff entered into an agreement with the Defendant for the sale of Plots 2450, 2449, 2448 and 2447 at Cadastral Zone at A6, Maitama District, Abuja for N25,000,000.00 (Twenty Five Million Naira); that pursuant to the agreement, the plaintiff on the 14/2/2006, paid the sum of N10 Million through his counsel John Erameh Esq. to the Defendant as first installment of the purchase of the plots of land. A photocopy of the First Bank of Nigeria Plc cheque of N10 Million is marked Exhibit A. In paragraph 4(c) and (d) it is stated that shortly after the payment of the first installment, it was discovered that the property has been revoked by the government before the sale; that the Plaintiff s counsel informed the Defendant of the revocation of the land by the government and he was rightly informed by the Defendant vide a letter dated 7/8/2006 assuring the plaintiff that he will replace the plots of land with other plots belonging to him as soon as the Minister approves a new list for allocation; the letter of promise to plaintiff s counsel dated 7/8/2006 is marked Exhibit B. 2
It is the averment in paragraph 4(e) that the Defendant till date refused and has neglected to redeem his promise or refund the said N10 Million paid to him by the Plaintiff, despite several demands. In paragraph 5 it is stated that the Plaintiff paid the sum of N500,000.00 as professional fee to his counsel for the prosecution of this suit; the receipt of payment of professional fees issued by Plaintiff s counsel is marked Exhibit C. Court is urged to grant the reliefs. I have carefully considered all the processes filed and submission of learned counsel. I must observed at this stage that the Defendant was duly served with the originating processes of this court on the 11/6/13 through substituted means but in his wisdom choose not to react to the claim against him. It is trite that the Undefended List Procedure provided for by Order 21 of the Rules of this court is designed to prevent delay in cases where there is no defence; consequently where the plaintiff can satisfy the court that he has a clear case against the Defendant, which the Defendant s counsel didn t answer, the court should give the plaintiff judgment forthwith, thereby avoiding the expense and delay in a full blown trial. See EPE LOCAL GOVT v HON. MATTHEW KESHINRO & 15 ORS (2009) 4 NWLR (Pt 1131) Pg 405 at 421 422 Para H C. In the instant case, the plaintiff has placed sufficient material before this court showing clearly that the Defendant has no defence to this suit. For instance by Exhibit A the Defendant did acknowledged the receipt of the sum of N10 Million from the Plaintiff. 3
In the light of the above I am of the considered view that judgment ought to be given in favour of the Plaintiff. Accordingly judgment is hereby enter for the Plaintiff against the Defendant in the following terms: 1. The Defendant is ordered to pay the sum of Ten Million Naira (N10,000,000.00) to the Plaintiff being the sum received of the plaintiff on the 18 th of February, 2006 as first installment for sale of plots of land situated at Plots 2450, 2449, 2448 and 2447 at Cadastral Zone at A6, Maitama District, Abuja which he failed to transfer to the plaintiff. 2. 10% Interest per annum on the judgment sum from the judgment date until same is finally liquidated. 3. The sum of N4,230.00 is awarded as cost of this action. (Sgd) HON. JUSTICE SALISU GARBA (PRESIDING JUDGE) 23/9/2013 Plaintiff s Counsel We are most grateful. (Sgd) HON. JUSTICE SALISU GARBA (PRESIDING JUDGE) 23/9/2013 4
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