Abinatu Mela V. Pastor Ciniki (2016)

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BIOBELE ABRAHAM GEORGEWILL, J.C.A. 

On 28/10/2015, the Appellant/Respondent sought and obtained the leave of this Court to appeal against the judgment of the Court below delivered on 25/7/2011 in Appeal No. GM/102A/2010: Abinatu Mela V. Pastor Ciniki, in which the judgment of the Upper Area Court II Gombe was affirmed.

Consequent upon the leave so granted, the Appellant/Respondent filed the Notice and grounds of appeal on 2/11/2015. However, by a Motion on notice filed on 15/2/2016 the Appellant/Respondent sought and obtained the leave of this Court to raise for the first time an issue of jurisdiction touching on the composition of the trial Billiri Area Court Poshiya and to amend the Notice and grounds of appeal to include an additional ground 6 challenging the competence of the trial Billiri Area Court Poshiya. The Amended Notice and grounds of appeal was deemed duly filed on 23/2/2016. By a Motion on notice filed on 1/2/2016 and granted on 4/2/2016, the Appellant/Respondent had obtained the leave of this Court deeming the Record of Appeal as duly transmitted and served.

?On 7/4/2016, the

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Respondent/Applicant filed the present application under consideration in this ruling, praying for the following reliefs, namely:
1. Leave of the Court to transmit additional record of appeal of the decision of the trial Court in Suit No.73/09 between Abinatu Mela V. Pastor Ciniki dated 18/6/2010 as annexed and contained in the affidavit of the trial Court?s Registrar dated and filed on 23/3/2016.
2. Leave of the Court to file the Respondent?s brief of argument out of time.
3. An order to rely on the additional record of appeal compiled and transmitted to the Court annexed to the affidavit of the trial Court?s Registrar in Suit No. 73/09 between Abinatu Mela V. Pastor Ciniki.
4. An order deeming the said additional record of appeal as duly compiled and transmitted.
5. An order deeming the Respondent?s brief of argument herein attached and marked as Exhibit A as duly filed and served.

?The grounds for the application are that upon the engagement of the services of the present counsel M.A. Galaya Esq., by the Respondent/Applicant to take over the conduct of the case of the Respondent from the former counsel,

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one Sunday Innocent Esq., the present counsel discovered upon inquiries that the proceedings before the trial Billiri Area Court Poshiya was conducted by the trial Area Court judge and one other member as reflected in the affidavit filed by the trial Area Court judge, the member and the Registrar of the said trial Area Court and there was therefore, the need to transmit to this Court the additional record of appeal of the trial Billiri Area Court Poshiya.

The Motion on notice was supported by an affidavit of 4 paragraphs deposed to by one Ibrahim Mamuda, a litigation Secretary in the law firm of M.A. Galaya & Co, Counsel to the Respondent/Appellant, annexed to which is the proposed Respondent?s brief of argument. In response, the Applicant/Respondent filed a 5 paragraphs counter affidavit deposed to by one Abubakar M. Ahmed, a litigation Secretary in the law firm of Aki, P. A. & Co, counsel to the Appellant/Respondent.

On 11/4/2016, when this aplication came up for the hearing, the parties were directed by the Court to file their respective written addresses in support and in opposition to the said motion. In compliance thereto, the

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Respondent/Applicant filed his written address in support of the motion on 15/4/2016 and upon service the Applicant/Respondent filed his written address in opposition to the motion on 25/4/2016. The stage was thus set for the hearing of the motion.

At the hearing of the Motion on Notice on 4/5/2016, the learned senior counsel to the Respondent/Applicant, M. A. Galaya Esq., appearing with Mrs. Doris Ayuba, adopted the written address in support of the motion as their argument and urged the Court to grant the application. However, Counsel withdrew prayer 5 seeking an order deeming the Respondent?s briefs as having been duly filed and served. On his part, P. A. Aki Esq., learned senior counsel to the Appellant/Respondent adopted the written address in opposition to the motion as his argument and urged the Court to refuse the application and to dismiss it for lacking in merit.