CASE TITLE: OROTON EXPLORATION & PRODUCTION CO. LTD V. POINT ENGINEERING LTD (2026) LPELR-83933(CA)
JUDGMENT DATE: 15TH MAY, 2026
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Undefended List Procedure.
FACTS:
This appeal is against the judgment of the High Court of Justice, Rivers State Coram: Hon. Justice C. Nwogu delivered on 9th day of February, 2021.
The Respondent as Claimant before the trial Court instituted Suit No. PHC/339/CS/2020 wherein he claimed against the Appellant as follows:
1. Payment of the sum of N22,934,274.10 (Two Hundred and Fifty-Five Million Nine Hundred and Thirty-Four Thousand, Two Hundred and Seventy-Four Naira and Ten Koko) only, being and representing amount owed by the Appellant to the Respondent as at 4th March, 2020 for the execution of local purchase Order Nos. EEP/6271/0826, EEP/6251/0824, EEP/6252/0825, EEP/3234/0823 and EEP/3234/0822 which was awarded to the Respondent.
2. An Order for the payment of the sum of N500,000.00 (Five Hundred Thousand Naira) only, being the cost of litigation incurred by the Respondent’s neglect failure or refusal to pay the debt even after repeated demands.
3. An Order for the payment of 10% monthly interest on the judgment sum from the date of judgment until liquidation of the amount.
4. AND for such further Order or Orders that the honourable Court may deem fit to make in the circumstances.
After service on the Appellant of all the originating processes and for the Appellant’s failure to file notice of intention to defend, judgment was consequently entered in favour of the Respondent against the Appellant.
Dissatisfied with the judgment, Appellant filed the instant appeal.
ISSUES FOR DETERMINATION:
The Court determined the appeal on these issues:
1. Whether the refusal of the trial Court to consider and/or determine the Appellant’s pending application to wit: Motion for stay of proceedings pending Arbitration and Motion for extension of time to file the Appellant’s notice of intention to defend is not a violation of the Rule of Natural Justice and the Appellant’s constitutional right to fair hearing?
2. Whether the trial Court was wrong when it awarded the sum of N400,000.00 (Four Hundred Thousand Naira) as cost of litigation without adducing reasons for the award regardless of the Respondent’s failure to plead and lead evidence in proof of the cost of litigation?
DECISION/HELD:
In conclusion, the Court dismissed the appeal.
RATIOS:
- COURT- DUTY OF COURT: Duty of Court to hear and determine all applications before it; exception thereto
- JUDGMENT AND ORDER- AWARD OF COST: Whether award of costs is at the discretion of the trial Court; attitude of appellate Court to same
- PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: Principles/Rules governing the undefended list procedure
- PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: Effect of failure to file notice of intention to defend
- PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: Whether a party who failed to comply with the requirements of the Undefended List Procedure can complain of denial of fair hearing
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