Judgement Detail - OW/SCC-2/2023

CHIOMA OFOEZE (PLAINTIFF) vs IFEANYI ARUKWE(DEFENDANT)

INTHE MAGISTRATE’SCOURTOFIMOsTATEOFNIGERIA

IN THE SMALL CLAIMS COURT OF IMO STATE JUDICIARY

HOLDEN AT OWERRI

BEFORE HIS WORSHIP EU CHINAKA CHIEF MAGISTRATE

CRADE 1 ON 21             DECEMBER, 2023

 

OW/SCC-2/2023

BETWEEN

CHIOMA OFOEZE-------------------------------------- PLAINTIFF

AND

IFEANYI ARUKWE---------------------------------------- DEFENDANT

Plaintiff is present. Defendant is present PJaintiff counsel is absent Defendant has no counsel

Judgment

The plaintiff claims against the defendant as follows:

1.      N423,00 (Four Hundred and Twenty Three Thousand Naira being money owed to plaintiff.

2.                   N200,000 (Two Hundred Thousand Naira being damages for breach on the 7” day of December, 2023, the claims of plaintiff were read in English Language and explained in Igbo Language by clerk of court to the defendant, who pleaded not liable to the 2 claims.

The plaintiff testified as PW1 and Defendant testified as DWI. Hearing was ended.

                              The exhibit tendered include;

A-Agreement of debt entered by the parties

B- Receipt of purchase of Hiace bus

C- Application for employment made by the defendant.

After evidence, plaintiff counsel addressed the court, wherein he summarized the case and submitted that admitted evidence needs no further proof and that an unchallenged evidence is deemed admitted. He referred to section 113 of Evidence Act 2011. The plaintiff counsel further submitted that plaintiff proved its case on the preponderance of evidence and cited Ali Lawal V Akinpelu (2010) ALL FWLR (Pt. 526) 460@485 and urged the court to find for the plaintiff.

I have given the highlight of the case and hereby formulate 1 sole Issue for the determination of same as follows:

“Whether pJaintiff proved its case on the preponderance of evidence as to be entitled to the reJief sought7”

Proof in a civil trial is on the preponderance of evidence or balance. of probability. Hence the plaintiP must establish or adduce credible evidence on the balance of probability so as to be entitled to the reliefs sought.

I will now x-ray the evidence proffered to enable me resolve the issue I raised.

The plaintiff Mrs. Chioma Ofoeze testified that they engaged the defendant to drive their Hiace Bus as a commercial driver and to remit daily sum of N8,0000.00 and a sum of N10,000 for peak periods. Plaintiff told the court that aher defendant had submitted letter of employment, the Hiace bus was released to him. According to plaintiff who gave evidence as PW1, the defendant remitted the daily sum as agreed until December which was peak period and defendant failed to keep to the agreement and failed to remit any money for 29 days which amounted to N290,000. PW1 testified that when defendant eventually showed up, he pleaded for time and she conceded and defendant then disappeared with her cash and Hiace bus until he damaged the bus, vandalized it's parts and that it was with the aid of Police that he was arrested. PW1 testified that the total debt

including the vandalized parts of the Hiace bus was N423, 000 which was reduced into agreement. She tendered the agreement and it was marked Exhibit A. She further tendered the receipt of purchase of the bus and defendants' letter of employment as Exhibits. PW1 further narrated her ordeal in searching for defendant and the inconveniences she suffered and claimed as per her writ.

 

The defendant Mr Ifeanyi Arukwe gave his evidence that he has N50,000 cash which was handed over to the plaintiff in court. Defendant told the court that he was a bus conductor  before the plaintiff employed him as her Hiace bus driver at a remittance of N10,000 during peak periods and N8,000 On ordinary days. He  further testified that it is true that for 29 days peak  period, he failed to remit the money as agreed and that the bus later broke down and was taken to a mechanic where it was later recovered

 

He further testified that bUS that he undertook to pay back all the parts of the Hiace the plaintiff replaced  which led to exhibit A. He admitted that he signed the ExhibitA freely and that he was arrested in connection to the said stolen partsof the Hiace bus.

I did ask the defendantto prodüce the mechanic to enable me ascertain why he took the bus there and the nature of the bus before it was taken there and that he failed to do.

From the total evidence before          me, It was established that the plaintiff entrusted her Hiace bus to the defendant upon defendant’application for

employment to her. It was established that defendant failed to remit any money from the peak period and even when another chance was given to

him, he absconded with the bus until he was apprehended by the police. The evidence of plaintiff was neither controverted nor challengedand as

rightly submitted by  plaintiff counsel, admitted facts need no further proof. The case of Ali Lawal is hereby adopted

 

Jn the instant case, it was estabJished that the sum of N290,000 was not remined by defendant. Again the defendant absconded and failed to remit any money. It was further established after vandalizing the Hiace bus, the parties agreed on what the defendant would pay after some cut or deducttions were made. This was later reduced to Exhibit A. It is really sad that defendant was empowered and he abused the privilege. I am of the firm conviction that plaintiP suffered losses when she searched for defendant and further engaged police to get defendant arrested. I have no doubt that defendant acted in bad fate and abused the privilege granted to him by defendant and her husband. His actions are not justified and are hereby condemned. I

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