Prophet Mathew Daramola V. Nigerian Police (Cid) Idimu Police Division Area M & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Ruling)

By an application dated and filed on 7th March 2016, the Appellant/Applicant seeking for the following orders:

1. AN ORDER for COSTS: N300, 000 (three hundred thousand Naira only) as accrued costs.
2. CONTEMPT OF COURT.
3. PLUS THE EXHIBIT SUBMITTED ? INSPECTION BY JUSTICES: VISIT TO LOCUS IN QUO.
4. AN ORDER ENTERTAINING FINAL JUDGMENT IN FAVOUR OF THE APPELLANT/APPLICANT AGAINST THE 1st RESPONDENT IN DEFAULT OF APPEARANCE AND FAILURE TO FILE BRIEF. And for N1, 199, 200, 000 (one billion, one hundred and ninety nine million two hundred thousand naira only)the claims and reliefs sought now at the Court of Appeal. Now 16 years day and nights without recourse as amended.

The grounds upon which the application is predicted are as follows:

GROUNDS FOR THE APPLICATION

TAKE FURTHER NOTICE that the ground of this application is that the 1st Respondents having been served with all relevant originating processes in this suit has failed to enter appearance or file a statement of defence within the time stipulated by the rules of the Court.

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The application is

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supported by a nine paragraph affidavit deposed to by the Appellant/Applicant. The Appellant/Applicant also filed a written address in support of the application. The Respondents did not file any processes in respect of the application and also did not appear at the hearing.

At the hearing of the application, the Appellant/Applicant who appeared in person relied on the paragraphs of the supporting affidavit. He adopted the submissions in the written address he filed in support of the application and he urged the Court to grant the application.

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I have given an insightful consideration to the processes filed in this matter. The prayers sought on the application is a potpourri of sorts such that the prayers can be likened to the theatre of the absurd, if not vaudeville.Howbeit, it would appear that the grounds for the application offer a beacon of light that provides an inkling into the basis for the application. The reliefs sought on the application seems to be premised on the failure by the Respondents to file the necessary processes in respect of the appeal, consequent upon which the Appellant/Applicant wants judgment in default for the reliefs he

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now seeks on the application and appeal.