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ENGINEER CHRIS I. OJOMO v. ACCESS BANK PLC

(2019) LPELR-47054(CA)

In The Court of Appeal of Nigeria

On Tuesday, the 19th day of March, 2019

CA/AK/182/2015


Before Their Lordships

MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria

RIDWAN MAIWADA ABDULLAHI Justice of The Court of Appeal of Nigeria

PATRICIA AJUMA MAHMOUD Justice of The Court of Appeal of Nigeria


Between

ENGINEER CHRIS I. OJOMO - Appellant(s)

AND

ACCESS BANK PLC - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Award of Cost.
FACTS:
This is an appeal against the decision of the High Court of Justice, Ondo State, per Honourable Justice O. A. Odusola sitting at the Akure Judicial Division delivered on the 5th day of August, 2015 wherein it awarded a cost of N50,000 against the Appellant in favour of the Respondent on the 5th of August, 2015 when the Suit No. AK/107/2014 came up for the hearing between the parties at the High Court. 

The suit had suffered a long adjournment since January 2015 due to the over 5 months strike covering January 2015 - May 31st 2015 by the Judiciary staff of Ondo State and other States in the Federation.


On the said 5th August, 2015, the Appellant as claimant moved an application for the Amendment of its statement of claim and same was granted but with an order for costs of N50,000 only in favour of the Respondent on the ground that the Appellant's/Plaintiff's application was aimed at frustrating the speedy trial of the suit.

???It was against the order for costs as awarded and the quantum thereof that the Appellant felt aggrieved and therefore appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:

"Whether the cost of N50,000 awarded against the Appellant by the trial Court in favour of the Respondent is excessive and punitive."
DECISION/HELD:
On the whole, the Court in a Majority decision found merit in the appeal and accordingly allowed same. The decision of the High Court was therefore set aside.


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