Aladinma Medicare Ltd. & Anor V. Registered Trustee Of Overcomers Christian Mission & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

The appellants before were the plaintiffs in the High Court of Justice of Imo State, Owerri Judicial Division. They sued the Respondent and claimed, inter alia, and to restrain the Respondents by themselves, their servants and agents from nuisance by noise vibration or sound into and about the plaintiffs’ premises and hospital at Plot 15, Aladinma Northern Extension Layout Plots C1 and C2.

Pleadings were filed and exchanged. Trial opened and the appellants as plaintiffs in the trial Court, called five (5) witnesses and closed their case on 8/11/2000. The case was first adjourned to 6/12/2000 and then from that date to 14/2/2001 for defence and address.

It would appear, from the order of the trial Court dated 22/3/2001, that the Respondents as defendants at the trial Court, abandoned the case whereupon the trial Court found in favour of the appellants and granted all their reliefs including an order for the Respondents to vacate Plots C1/C2 within 2 days from 22/8/2001.

Dissatisfied with the Judgment of the trial Court, the Respondent herein appealed to the Port Harcourt Division of the Court of Appeal. In absence of order, or motion, for stay of the Judgment in their favour, the Appellants filed a motion to commit the Respondents to prison for disobedience to the Judgment and orders of the trial Court.

The motion was filed on 11/4/2011 and on 19/4/2011, the Respondents filed a counter-affidavit in reaction to the motion for committal. They indicated that they would raise a preliminary objection to the motion on the ground that it is unconstitutional, incompetent and an abuse of process of Court. At the instance of learned counsel for the Respondent, that then part-heard, was adjourned. However, on 11/07/2002, learned Counsel for the Respondents filed a motion for inter alia, an order to stay further proceedings in the suit pending the hearing and determination of the preliminary objection to the motion for committal.

At the hearing of the motion for stay of proceedings on 13/11/2002, the learned trial Judge Nwosu-Iheme, J (as she then was) decided that since the motion for committal had been taken half way, the preliminary objection be incorporated in the Respondents’ reply to the motion for committal, adding that in the ruling the issue of jurisdiction raised in the preliminary objection would be determined first.

This ruling displeased the Respondents who then appealed to the Court of Appeal on 15/1/2002. On 27/1/2002, the Respondents filed a motion for stay of proceedings pending the determination of the appeal against the order that their preliminary objection be incorporated in their reply to the motion for committal.

On 28/1/2002 the Court delivered its ruling which denied the motion for stay of proceedings. On 2/12/2002, they filed another motion for stay before the Court of Appeal, Port Harcourt. They filed a further, further and further affidavits. In reaction, the appellants filed a counter-affidavit of 19 paragraphs on 4/12/2002. The lower court ordered parties to file briefs of argument in the motion for stay of proceedings. The parties by their respective counsel, complied.

On 28/5/2003, the lower court, purporting to deliver its ruling on the motion for stay of proceedings, actually set aside the ruling of the trial court delivered on 13/11/2002.

Aggrieved by this ruling, the appellants appealed to this Court on two grounds from which the following lone issue was distilled for determination”

“Whether the learned Justices of the Court of Appeal were justified in abandoning the motion for stay of proceedings before them and proceeding to determine an interlocutory appeal not yet before them.”

In their own brief of argument, the Respondents formulated the following issue for determination:

“Whether having regards to the established antecedents of this matter the appellants have established a right to the reliefs sought.”