Uyaemenam Nwora & Ors V. Nweke Nwabueze & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALUMJE, J.S.C.

On 12th November 1999, the Anambra State High Court, presided over by his lordship Obiora Nwazota, who was then the Chief Judge of Anambra State delivered judgment in consolidated suits Nos. AA/53/75 and AA/11/77 in which he granted declaration of title to the disputed land in favour of the 1st and 2nd sets of Respondents herein.

On the 18th of November 1999, the Appellants filed a notice of appeal against the said judgment at the Court of Appeal, Enugu Division. Thereafter the Appellants failed to take steps to transmit the record of appeal after they had applied for and were granted an order of stay of execution, until they were prompted by the 1st set of Respondents and the registrar of the trial Court, before they on the 31st of October, 2003 deposited the sum of ten thousand naira (N10,000.00) with the registrar of the trial Court for the preparation and compilation of the record of appeal.

On the 10th of February 2005, the lower Court, upon the application of the appellants ordered the Chief Registrar of the High Court Anambra State to compile and transmit the

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record of appeal in respect of the consolidated suits aforesaid to its registry within 30 days. The Chief Registrar in response to the order of the Court of Appeal wrote a letter dated 14th April, 2005 to the Deputy Chief Registrar of the lower Court in which he stated that all efforts made by him to trace the said record of proceedings in the consolidated cases did not yield the desired results. Following the Chief Registrar’s letter, the Appellants on the 11th October 2005, by a motion on notice prayed the lower Court to direct the Chief Judge of Anambra State High Court to re-assign to another Judge of the High Court the consolidated suits for trial de novo. The motion was heard and in a considered ruling same was struck out on the ground that the appeal had not been entered in the registry of the Court. Dissatisfied with the ruling, the Appellants appealed to this Court in appeal no. SC/115/2009.

In respect of the Notice of Appeal filed on the 18th November 1999 against the judgment of the trial Court that was delivered on the 12th November 1999 in the consolidated suits, the Registrar of the trial Court signed a certificate of

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non-compliance with the conditions of the appeal. On the 3rd of March 2009, the lower Court struck out the Appellant’s appeal no. CA/E/30/2009 for non-compliance with the conditions of the Appeal. Once again, the Appellants were dissatisfied and therefore appealed to this Court, in Appeal No. SC.418/2010.

On the 9th of December 2011, this Court struck out Appeal No. SC.115/2009 after learned counsel for respective parties had adopted their briefs of argument. On the 17th of May 2013, this Court in a unanimous decision allowed the Appeal No. SC/418/2010, set aside the certificate of non-compliance issued by the Registrar of the trial Court, nullified the judgment/ruling of the lower Court delivered on the 3rd of March 2009 in which it struck out Appeal No. CA/E/30/2009 for non-compliance with the conditions of appeal, and declared that the Appeal No. CA/E/30/2009 was still valid and pending in Court and therefore should be heard.

The 2nd set of Respondents, by a motion on notice filed on the 13th of June 2013, sought for an order of the lower Court to dismiss the Appellants Appeal No. CA/E/30/2009 which was adjudged to be valid and pending by this Court,

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for non-compliance with Order 8 Rule 4 of the Court of Appeal Rules 2011. Secondly the 2nd sets of Respondents asked the lower Court to vacate the Order of stay of execution made by the trial Court in its judgment which was delivered on the 12th November 1999.

By a motion filed on the 11th July 2013, the 1st set of Respondents also sought for the same orders.