A. A. Adebiyi V. Hon. S.t. Umar (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A (Delivering the Leading Judgment)

Appellant filed this appeal on 9/2/2010, against the interlocutory Ruling of Honourable Justice A. O. Bamigbola in Suit No. KWS/70/2009, which had -dismissed the Appellant’s motion for Summary Judgment on 8/2/10. The grounds of the Appeal, were that:

“(i). The learned Judge erred in law in adopting a double standard when the defendant/respondent did not file or serve a counter affidavit to the Claimant/applicant’s motion filed on 6/1/2010 and argued on 11/1/2010 and ruled upon on 8/2/2010.

Particulars of error-in-law:

(i) His Lordship went on a voyage of his own by looking for weakness in the supporting affidavit when no counter-affidavit was filed or served until 8/2/201 0 when his ruling was delivered

(ii) His Lordship was guilty of double standard in looking for faults in the Claimant/applicant’s supporting affidavit.

(iii) A Court is not expected to be a research institute in order to assist either side.

(iv) An unserved document is irrelevant and cannot be relied upon

(v) The doctrine of fair hearing is raped left and right.

(ii) Other grounds may be filed on the receipt of the record ‘of Proceedings.”

For relief, Appellant sought this Court to give the summary judgment in favour of the claimant/Applicant as prayed. His main case before the trial Court was for that Court to “Order the defendant (who was the Chief Registrar of the High Court) to return all the 157 strips of 736 exposures of negatives (to the claimant)”

His statement of claim was very scanty – only 3 paragraphs, with no detail/explanation, as follows

“(i) On Monday, 26/01/2009, the claimant was paid the outstanding balance of photograph bills in the sum of N104.500.00 but the defendant did not return the claimant’s 157 strips of 736 exposures of colour negatives, which were collected from the claimant during the tenure of the Honourable Justice H. O. Ajayi as the Chief Registrar (before her elevation to the High court seat).

2. The colour negatives were collected for security but were not returned despite written and oral demands as shown by Claimant’s letter Reg. No. APA/APP/C/HO/IL/1/2009 of 13/02/2009, which is now pleaded and shall be rely (sic) upon.
3. Wherefore the claimant prays this Honourable court to order the defendant to return all the 157 strips of 736 exposures of colour negatives.”

The Appellant’s motion for judgment was filed on 6/1/2010 praying the Court as follows