CPL. Linus Eyo & Anor V. Major Sunday Jackson & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the High Court of Akwa Ibom a ruling delivered on the 7/12/10 in suit No.HU/503/2008 by which it refused and dismissed the motion dated the 5/7/10 by the Appellants. In the said motion, the Appellants had sought for the following reliefs:-

“1. An order of court extending time within which the 1st and 2nd defendants/applicants may appeal against the “Ruling” that was delivered in this case on 30th June, 2010.

2 An order granting the 1st and 2nd defendants/applicants leave to appeal against the Ruling of 30th June, 2010.

3. An order granting the 1st and 2nd defendants/applicants leave to appeal on mixed law and facts.
4. An order of court staying execution of the orders contained in the Ruling of 30th June, 2010, pending the determination of the Appeal that shall be filed after leave is granted for filing.
5. IN THE ALTERNATIVE an order of court discharging the order that was made by this Honourable Court or setting aside the Ruling of this court delivered on 30th June, 2010 and striking out this case on ground of lack of jurisdiction.

AND for such further or other order(s) as this Honourable Court may deem fit to make in the circumstances of this suit.”

Not satisfied and being aggrieved by the decision of the High Court, the Appellants filed, through their counsel, a notice of appeal against it on the 7/12/10 containing 5 grounds. Because of their nature, it is expedient to invite the grounds, without the particulars, to set the tone of the appeal. They are thus:-

“GROUND ONE:

That the Ruling/Decision was against the weight of evidence.

GROUND TWO:

That the decision contained in the Ruling of 2nd December, 2010 was an abuse of process of court and miscarriage of justice against the 1st defendant/appellant who was restrained in the Ruling of 30th June, 2010 from “parading himself or acting as the State Chairman of Nigerian legion, Akwa Ibom State Council until the substantive suit is fully heard and determined or until the court directs otherwise.”

GROUND THREE:

The learned trial judge erred in law when he refused to hold that he lacked jurisdiction to hear the substantive suit as a Court of 1st instance (or a trial court), but that he had an appellate jurisdiction.

GROUND FOUR:

The learned trial judge erred in law when he refused to grant leave to the defendants/appellants to appeal against his Ruling of 30th June, 2010 and thereby deprived the defendants/appellants of fair hearing.