Johnson Okolo & Ors V. Leonard Nwafor & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment)

This appeal emanated from a fundamental right enforcement proceedings instituted by the respondents herein at the High Court of Anambra State, Aguata Judicial Division with Suit No. AG/MISC./16/06. Judgment was delivered in the said suit by Hon. Justice C. O. Amechi on 28/6/2007. The appellants were dissatisfied with the judgment and they have appealed to this Court by a notice and grounds of appeal signed by Nwankwo B. I. Esq. which is not dated.

It is on pages 237 ? 239 of the record of appeal. The notice of appeal was amended pursuant to the order of this Court made on 22nd February, 2016. The amended notice of appeal was deemed as properly filed and served on the same day. Both parties filed and exchanged briefs of argument.

?By a motion on notice dated 8th March,2012 and filed on 9th March, 2012, the respondents raised a preliminary objection to the hearing of the appeal. They are seeking the following orders:

(a)?Dismissing the appeal as incompetent as the Court has no jurisdiction to entertain the same;

?(b) Striking out the record

1

of appeal as incompetent;

(c) Striking out the name of the 2nd Respondent;

(d) Striking out the names of the 3rd and 13th Appellants.

AND for such other and further orders as this Honourable Court may deem just and proper to make in the circumstances.

THE GROUNDS ON WHICH THE RELIEFS ARE SOUGHT ARE AS FOLLOWS:

1. The Notice of Appeal was not properly filed and was not served on the applicants;
2. The record of appeal is highly defective because it is incomplete and omits vital words and signatures, containing inauthentic signatures; and the said record is not neat ? it is very untidy, improperly paginated and mutilated the vital exhibits;
3. The Record of Appeal and documents contained therein are not certified as authentic.
4. The 2nd Respondent in the appeal is now dead;
5. The 3rd and 13th appellants are not interested in this appeal and the 1st, 2nd, 4th ? 12th Appellants and their counsel lack the locus standi to represent them in this appeal.?

?

The motion is supported by a 26 paragraph affidavit and the exhibits attached thereto. The appellants filed a 40 paragraph counter affidavit to