Akpanke Awhangwu & Ors V. Christopher Adie Awhangwu & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the leading Judgment)

This Appeal is against the ruling of the High Court of Cross River State, sitting at Abuochiche, delivered on December 4, 2012 dismissing the application of the Appellants.

The Appellants were defendants in Suit No. HD/15/2007, which action was filed in the Obudu Judicial Division of Cross River State by the 1st Respondent. Hearing had commenced before the trial Judge was transferred to the High Court of Justice, Abuochiche, Bekwarra Judicial Division of Cross River State. The new judge sitting in Obudu Judicial Division decided to transfer the pending suit to be concluded or determined in Abuochiche, Bekwarra Judicial Division.

Upon the conclusion of hearing, the trial judge delivered judgment on 30/9/2010 in favour of the 1st Respondent. The Appellants lodged an appeal against the said judgment to this Court; but the appeal was dismissed, inter alia in the absence of Appellants and their counsel. The said judgment of 30/9/2010 was then executed, following which the moveable properties of Appellants, including a motor car and two motorcycles were attached. Upon the

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said attachment, the Appellants filed a motion on notice in Suit No. HR/5/2012, praying for eight (8) reliefs. The application was heard and on 4/12/2012, the learned trial Judge delivered a ruling in which he dismissed the said application.

Aggrieved by the said ruling, the Appellants lodged the instant Notice of Appeal on 5/2/2013 upon eleven (11) grounds.

The Appellants and the 1st Respondent exchanged Briefs of Argument. The Appellants’ Brief of Argument, settled by Lazarus A. Izabi-Undie, Esq., was filed on 26/9/2014 but deemed properly filed and served on 11/5/2015. The Appellants’ Brief was deemed adopted on 27/1/2016 pursuant to Order 18 Rule 9 (4) of the Court of Appeal Rules, 2011. The 1st Respondent’s Brief, in which a Preliminary Objection was raised, was filed on 18/3/2015 but deemed on 11/5/2015. It was adopted by C. O. Ijom, Esq., holding the brief of B. Mohammad, Esq. The Appellant’s Reply Brief filed on 19/10/2015 was also deemed adopted.

As is customary, the merits of the preliminary objection shall first be considered; Efet v. INEC (2011) LPELR-8109(SC); First Bank of Nigeria Plc. v. T.S.A. Industries Ltd (2010)

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LPELR-1283(SC). By the said Notice of preliminary objection, the 1st Respondent prayed as follows:

TAKE NOTICE that the 1st Respondent shall at the hearing of this appeal raise a preliminary objection based on the following grounds.

GROUNDS OF OBJECTION

1. Notice and grounds of appeal is fundamentally defective;

(a) Grounds 1 and 2 of the appeal are vague.