Abdullahi Ibrahim V. Ahmed Ibrahim (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

Appellant in this appeal, ABDULLAHI IBRAHIM Esq., who also appeared in person to argue the appeal, was the plaintiff (claimant) in suit No. KWS/16/2008, at the Kwara State High Court, presided over by I.B. Garuba J. Before the suit could be heard, which sought redress against the Respondent for breach of contract for sale of land and agency contract, the Respondent, on receipt of the processes, filed a notice of preliminary objection, together with written address in support, challenging the jurisdiction of the court to hear the Appellant’s suit, on the grounds that.

(i) there were no proper parties before the court;

(ii) the suit constituted abuse of court process;

(iii) the claimant had no locus standi to institute the action, and

(iv) it was in the interest of Justice to dismiss the suit of the claimant in its entirety.

The Appellant filed what he called “Counter Preliminary objection” without written address in support, but gave oral address at the hearing of the objections. After the fire works, the learned trial fudge resolved the issues against the Appellant, holding that the subject matter in the case KWS/16/2008 was similar to and on the same ground with that or KWS/61/2008 also filed by the Appellant, after filing the suit No. KWS/16/2008, That Ruling was delivered on 12/3/2008.

Appellant brought this Appeal against that Ruling of the trial Judge, saying that there was no shred of evidence before the trial Court as to the similarity / sameness of the subject matters of the two suits or shred of evidence as to the commencement date of hearing of the said two cases before the trial court.

Appellant filed his notice and grounds of Appeal on 25/5/09 at the lower court and raised 3 grounds of Appeal. Appellant thereafter filed his Brief of argument on 3/8/2010, but same was not responded to by the Respondent and on 2/12/2010 Appellant filed a motion praying us to set down the Appeal for hearing in default of the Respondent’s Brief of argument. That motion was heard and granted on 9/12/2010.

On 13/10/11, when this Appeal came up for hearing the Respondent had still not filed any process and the Appellant was-heard. He adopted his said Brief and urged us to allow the Appeal.

Strangely, on page 2 of the Appellant’s Brief, he raised, what he called, “PRELIMINARY ISSUE; as follows:

“3.1 NOTICES TO REGARD AFFIDAVIT OF PROCEEDINGS AS RECORD OF PROCEEDINGS OF TRIAL COURT.

IN THE COURT OF APPEAL IN NIGERIA IN THE ILORIN JUDICIAL DIVISION HOLDEN AT ILORIN

Appeal No. CA/IL/57/2010