Cletus Mbaji V. M.O.S. Amobi (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment)

This is the second interlocutory appeal against another Ruling of Iguh, J., in the same Suit No. O/292/90 filed at the High Court of Anambra State. Appeal No. CA/E/264/07, was hinged on the interlocutory injunction that he granted in favour of the Respondent, while this one is based on his refusal to disqualify himself from adjudicating in the matter, because his elder Brother, who was then a Justice of the Supreme Court, was the Respondent’s counsel in the case before he was elevated to the bench.

The said Suit was instituted in 1990, and traversed the courtrooms of many High Court Judges before it landed in the courtroom of Iguh, J., where it came up for the first time on the 9th of January 2006. Hearing commenced on the 7th of March 2006 with the Respondent, who was the Plaintiff, testifying as PW1 . He stated as follows in his evidence in chief –

“The land my half-brother, who is one of the beneficiaries in the Will of my late father, was trying to sell – – was No. 9 Mission Road Onitsha, the subject matter of this suit and the prospective buyer was the Defendant. When I learnt of this – in 1975, I was serving as a Diplomat at the Nigerian High Commission London and – I retained the services of a practicing lawyer, Anthony Iguh, Esq. (as he then was) requesting him to put up a warning against the sale in the newspaper naming in particular the prospective buyer. The prospective buyer is now the Defendant in this suit. Anthony Iguh Esq. then wrote a letter to me forwarding the notice of the caveat emptor he made in the newspaper as instructed him, having carried out my instruction”. The publication in the Newspaper called “Mirror”, made by Anthony Iguh, Esq.(as he then was), was admitted in evidence as Exhibit B. It reads –

WARNING NOTICE

ESTATE OF LATE CHIEF S. N. AMOBI OF OGIDI

The public in general and Messrs. Nwokolo of Enugwu-Uku and Ezembaji of Achina in particular are warned that the under-mentioned are the undisputed property of the late Samuel Nnabia Amobi of Ogidi, property to wit –

(6 Properties listed)

The legal estate in the aforesaid property is vested on the Hon. Justice Allagoa and Madam J. Okobi, the trustees of the last WILL of the said late S.N. Amobi. Anyone who transacts any dealing of whatever kind in respect of the said property otherwise than with the said trustees does so at his or her own risk and such transaction is null and void.

DATED AT ONITSHA THIS 6TH DAY OF FEBRUARY, 1976

Anthony I. Iguh & Co.

‘Solicitors for the Estate of late Chief S.N. Amobi”

When the Respondent, as PW1, continued his testimony, he also said –

“On my visit to Nigeria, I realized that the Defendant was on the process of commencing construction on the land – – – Mr. Iguh (as he then was) upon my instruction instituted an action against the Defendant for trespass to the land.”