Christiana Ugwu & Anor V. Maria Onyekweli (2008)

LawGlobal-Hub Lead Judgment Report

SIDI DAUDA BAGE, J.C.A.

This is an appeal by the Defendant/Appellants against the refusal to hear their motion by Justice M.O. Chidobem sitting in the High Court of Enugu State, Holden at Nsukka Division, on the 24-1-2005. The motion on notice was brought pursuant to Order 24 Rule 15 of the High Court Rules 1988. The motion reads thus:-

“TAKE NOTICE that the Honourable Court will be moved on Tuesday the 25th day of May 2004 at the’-hour of 9 ‘O clock in the forenoon or soon thereafter as counsel for the defendant/respondents may be heard praying the court for an Order setting aside the judgment delivered in this Suit on 11/03/04. Dated at Enugu this 3d day of May 2004”.

This motion was supported by a 16 paragraph affidavit, and a 6 paragraph further affidavit, for an apt comprehension of this appeal, it is pertinent to reproduce both the affidavit and the further affidavit in pages 61 and 63 of the record of the proceedings.

AFFIDAVIT IN SUPPORT OF MOTION

(1) That I am a counsel in the law firm of Dr. M.E. Atogwu (SAN).

(2) That I am conversant with the facts of this case and I have the counsel of the applicants to swear to this affidavit.

(3) That the applicants were aggrieved when our chambers received a copy of the Assignment Order made by the Chief Judge of Enugu State in this Suit directing this Honourable Court to conclude this Suit in Enugu Judicial Division.

(4) That as a result our Chambers filed a Suit under the fundamental Right Enforcement Procedure Rules 1979, challenging the action of the Chief Judge.

(5) That Suit E/364M/2003 Christiana Ugwu & Ors Vs. Attorney General Enugu State was heard on 12/11/2003 when Honourable Justice Eddy Onyia make an Order of stay of proceedings in this Suit pending the determination of the application before it.

(6) That the Attorney General of Enugu State was notified about this Order of the court immediately by service on them of a copy of the said Order together with the motion on notice. The said Order is annexed here with and marked Exhibit ‘A’.

(7) That the Attorney General was represented on 25/11/03 when the motion on notice was moved without objection from the respondent.

(8) That ruling that application was delivered on 24/02/04 with the court dismissing our application.

(9) That when I came back for this court to obtain a fresh date for the Suit from the Registrar I was informed that judgment had been delivered already.