Delia Chizoba Njoku & Ors V. Justus Uche Onwunelega (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory appeal against the ruling of the High Court of Imo State, Nigeria sitting at Owerri (hereinafter referred to as the lower Court). The suit which led to this appeal was commenced by the claimant/respondent (hereinafter referred to as the respondent) vide a writ of summons and statement of claim together with other accompanying processes, filed on the 16th day of February, 2012 wherein the respondent by his amended statement of claim dated the 8th day of May, 2012 sought for the following reliefs:

?52. Wherefore the claimant claims against the defendants severally and jointly the sum of N305,000.00 being special damages and N15,000.000.00 as general damages for wrongful termination of appointment and hardship caused him especially during the Christmas period.?

(See page 90 of the record of appeal.)

The 1st & 2nd defendants/appellants (hereinafter referred to as the appellants) responded accordingly. They filed their joint statement of defence and other accompanying processes dated and filed on the 9th day of March,

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2012. The party listed as 3rd defendant/appellant herein, neither entered appearance nor filed any process in respect of this suit. The respondent in reply to the appellants? statement of defence filed a reply dated the 9th day of May, 2012. It was filed on the 11th day of May, 2012. Subsequently, the respondent brought a motion on notice dated the 8th day of May, 2012. It was filed on the 11th day of May, 2012 and prayed therein for the grant of the following prayers:

?1. AN ORDER granting leave to the Claimant/Applicant to amend his Writ of Summons. Statement of claim, and other processes in this suit by including the word ?Limited? to the name of the 3rd Defendant wherever it exist as set out in the Schedule of Amendment marked Exhibit ?A?

2. AN ORDER of Court granting leave to the Claimant/Applicant to withdraw his written statement on oath dated 16/02/2012 and filed same date and substitute same with that dated 11/05/2012 to be in consonant with his pleading.
3. AN ORDER deeming the amended writ of summons, and statement of claim and written Statement on Oath as having been duly and properly filed, the

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prescribed fees having been paid.

AND for such further Order or other Order(s) as this Honourable Court may deem fit to make in the circumstances.?

(See pages 74 ? 75 of the record of appeal.)

The motion was supported by a fifteen (15) paragraph affidavit, written address and four annexure marked as exhibits.

?The 1st appellant in opposition to the motion referred to above, filed a nine (9) paragraph counter affidavit, a document attached thereto marked as an exhibit, and a written address. Subsequently thereafter, the 1st appellant filed a motion on notice seeking to restrain the learned counsel for the respondent from further appearing or representing the respondent. The said motion on notice was dated the 31st day of July, 2012 and filed on the 26th day of September, 2012. The motion on notice was supported by a sixteen (16) paragraph affidavit, an attached document marked as Exhibit A and a written address. Again on the 16th day of October, 2012 the 1st appellant deposed to a further affidavit and filed a written address in addition to the earlier processes. The 1st appellant?s contention with regard to this motion on

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