Does Failing to Respond to a Business Letter That Requires a Response Constitute an Admission?

CASE TITLE: A.G. OF KANO STATE v. MUSA (2024) LPELR-62535(CA)

JUDGMENT DATE: 12TH JULY, 2024

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the recovery of legal fees.

FACTS:

This appeal is against the judgment of the High Court of the Federal Capital Territory, held in Abuja, delivered on December 14, 2023.

The respondent had taken out a writ of summons against the Appellant at the Court wherein he sought the following reliefs:

1. An order of this Honourable Court awarding the sum of Two Hundred and Fifty Million Naira (N250,000,000.00) against the Defendant and in favour of the Claimant, being a professional fee owed by the Defendant to the Claimant, for instituting an action in Suit No. SC/CV/200/2023; Attorney General of Kano State v. Attorney General of the Federation, and prosecuting the same to completion at the Supreme Court of Nigeria, on behalf of the Defendant.

2. An order of this Honourable Court awarding the sum of Ten Million Naira (N10,000,000.00), against the Defendant and in favour of the Claimant, being the cost of instituting the instant suit.

3. An order of this Honourable Court awarding post-judgment interest against the Defendant at 10% per annum on the judgment sum from the date when judgment is entered until the date the judgment debt is completely satisfied.

The said writ of summons was accompanied by an 18 paragraph affidavit, a motion ex parte for the said writ of summons to be entered for hearing in the undefended list, and another motion for the writ of summons to be issued and served outside the jurisdiction of the lower Court. The two motions were taken together and granted. On receiving the processes, the Appellant filed a memorandum of conditional appearance and a notice of intention to defend, together with an affidavit in support. The Appellant also filed a notice of preliminary objection to the action. The notice of preliminary objection was heard together with the arguments from the respective counsel on the substantive action.

The learned trial Judge considered both processes and, on December 14, 2023, delivered a ruling wherein the preliminary objection was dismissed and, on the same day, delivered a judgment wherein the reliefs of the Respondent were granted except the second relief.

Dissatisfied, the Appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The appeal was determined on the following issues-

1. “Whether the Appellant’s affidavit in support of his notice of intention to defend has not disclosed a defence on the merit for the transfer of the matter to the general cause list by the trial Court.

2. Whether the failure of the trial Court to appraise the Appellant’s affidavit in support of the notice of intention to defend is not a breach of Appellant’s right to fair hearing and occasioned a miscarriage of justice.

3. Whether the trial Court had jurisdiction when it entertained and determined the suit of the Respondent as constituted before it.”

DECISION/HELD:

On the whole, the appeal was dismissed for lacking in merit

RATIOS:

• ACTION- MISJOINDER/NON-JOINDER OF PARTY(IES): Effect of non-joinder or misjoinder of a party
• ACTION- CAPACITY TO SUE AND BE SUED: Whether the Attorney-General can sue or be sued on behalf of the State
• EVIDENCE- EVALUATION OF EVIDENCE: Whether an Appellate Court is in a position as a trial court to evaluate documentary evidence
• EVIDENCE- ADMISSION/ADMITTED FACT(S): Whether failure to respond to a business letter which by the nature of its contents requires a response amounts to an admission
• LEGAL PRACTITIONER- RECOVERY OF CHARGES BY LEGAL PRACTITIONERS: Position of the law as regards action for recovery of charges by a legal practitioner
• PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: When will leave to defend be granted to a defendant under the undefended list procedure
• PRACTICE AND PROCEDURE- UNDEFENDED LIST PROCEDURE: Condition for a matter/suit to be transferred from undefended list to the general cause list

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