Aghaegbunam Iloabachie & Ors. V. Anosike Iloabachie (2005)

LawGlobal-Hub Lead Judgment Report

OGEBE, J.C.A.

This appeal arose from a land dispute between the respondent and the appellants in the High Court of Ogidi, Anambra State where the respondent sued the appellants in respect of family property. During the course of hearing, some documents namely exhibits A, B and C were sought to be tendered and an objection was raised to their admissibility by the appellants’ counsel. The trial court admitted them without giving any reasons. Evidence was also being laid on facts not pleaded and the learned counsel to the appellants objected and was overruled on each occasion without any reason assigned by the court. All these rulings took place on the 19th of March, 2002.

Dissatisfied with the rulings, the appellants appealed to this court on six (6) grounds of appeal. No leave of the trial court or this court was sought to appeal from the interlocutory rulings of the trial court and I would have been minded to strike out the appeal but for the fact that the grounds of appeal are all of law.

The appeal is of right as provided for in section 241 (1)(b) of the 1999 Constitution which reads:

“(1) An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following cases:

(b) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings.”

Be that as it may, I am not impressed by the insistence of the appellants’ counsel to pursue this interlocutory appeal. The issues raised in this appeal can easily wait for the final decision of the court below and be taken together with the main appeal, if necessary, depending on the outcome of the case.

The learned counsel for the appellants formulated four (4) issues for determination as follows:

(i) Whether the learned trial Judge was right in law when he admitted a document that was not pleaded as exhibit A?

(ii) Whether the learned trial Judge was right in law when he admitted exhibits Band C in evidence without giving any reason?

(iii) Whether the learned trial Judge was right in law when he admitted material facts in evidence which were not pleaded?

(iv) Whether the learned trial Judge was right in law when he delivered rulings to objection without giving any reason for same?”

The respondent did not react to this appeal and the appellants were granted leave to argue their appeal on the appellants’ brief alone.

On the first issue, the learned counsel for the appellants submitted that the respondent in paragraph 4 of the statement of claim averred that he would rely on minutes of family meetings held between 30th December, 1994 and December, 1996 all of which were taken by the 3rdappellant. He said that exhibit A which was admitted by the court was an address written by the respondent and not minutes of any meeting and the trial court was wrong in admitting it in spite of the objection of the appellants’ counsel. I agree with this submission.