From Jude Chinedu, Enugu
Sort of relief has come the way of Mr. Hycenth Aja Ngene who allegedly was unfairly treated by the Cross River Government and/or its agents. He was therefore compelled to seek redress in court and his prayer was granted.
The State High Court ordered the Cross River State Government to pay damages to Hyacinth Ngene for the illegal seizure and prolonged detention of his truck, which he successfully purchased at a government auction.
Presided over by Justice A. M. Obi, the judgment, delivered on September 30, 2024, directed the immediate release of the Man-Diesel truck with registration number AWK 735 XC and upheld the claimant’s right to compensation for the loss of use and income caused by the defendants’ actions.
The case, which began on July 4, 2022, centered on the alleged illegal seizure of Ngene’s truck despite his successful bid for its purchase during a government auction.
In the judgment, the court ruled in favour of the claimant, ordering the immediate release of the Man-Diesel truck. The court also awarded significant damages to the claimant for the prolonged deprivation of the truck’s use and financial losses incurred as a result.
The dispute stemmed from a public auction conducted by the Cross River State Forestry Commission. The auction, authorized by the Chief Magistrate Court in 2021, involved the sale of confiscated vehicles and timber impounded by the Commission for forestry offences.
Ngene successfully bid for the truck and paid the required sum of N3.5 million to the Commission. However, despite being declared the successful bidder and fulfilling all financial obligations, the defendants failed to release the truck to Ngene.
Instead, the truck remained in the possession of the Forestry Commission, leading to a breakdown in the contractual agreement.
The reliefs sought by Ngene through his lawyer, Mr Hygienus Chukwu, include the immediate release of the truck in good working condition or, in the alternative, a brand-new truck of the same category; N300,000 daily as compensation for the loss of income from January 12, 2022, until the truck’s release, and 380,000 as reimbursement for costs incurred in maintaining the truck prior to its seizure.
He argued that the defendants violated the terms of the auction sale agreement and continued to use the truck illegally, depriving him of its use and potential earnings.
The defendants, led by Chief Tony Undiandeye and Dr. Alfred Mboto, claimed that the Forestry Commission had validly repudiated its obligations under the contract.
They argued that the repudiation discharged them from fulfilling any further obligations, citing oral directives and actions as evidence of their intent to terminate the agreement.
Their counsel further contended that the claimant’s reliance on a written contract could not override the Forestry Commission’s right to repudiate the agreement orally or through conduct. They maintained that the claimant was not entitled to damages, asserting that the contract had been lawfully discharged.
In her judgment, Justice Obi rejected the defendants’ arguments, noting that the auction sale was governed by a written contract. Citing legal precedents, including Larmie v. D.P.M.S Ltd. and U.B.N v. Ozigi, the judge ruled that oral evidence could not contradict the terms of a written agreement.
The court noted that the claimant had provided overwhelming evidence, including photographs of the truck, payment receipts, and official auction documents, to prove his ownership and right to possession.
The judge also noted that the defendants had released other auctioned vehicles to their respective bidders but failed to do the same for the claimant’s truck without justification. Justice Obi further ruled that the defendants’ failure to release the truck amounted to a breach of contract.
She ordered the immediate release of the truck in good working condition, adding that in the event that the truck could not be released, the court mandated the defendants to provide a new Man-Diesel truck of the same category.
The court also awarded the claimant damages which include N300,000 daily as compensation for the loss of income from January 12, 2022, until the truck’s release and N380,000 as reimbursement for maintenance costs incurred before the seizure.
Justice Obi described the defendants’ actions as a violation of the claimant’s rights and noted that their reliance on oral repudiation was legally baseless.
Meanwhile, Ngene’s lawyer, Hygienus Chukwu, disclosed that the defendants said they will appeal the judgment.