Alhaji Ameen Suleiman Mohammed & Anor V. Alhaji Abubakar Mohammed Gwarzo & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Lead Ruling)

The Motion of the Applicants, dated and filed on 13/5/15, seeks the following reliefs:

1. An order granting the Appellants/Applicants extension of time within which to appeal against the Ruling of the Kano State High Court (Coram: Honourable Justice Shehu Atiku) delivered on 7th March, 2005.
2. An order of this Honourable Court substituting MAINSTREET BANK LIMITED for the 4th Respondent in this appeal, the said 4th Respondent having been acquired by the Defunct AFRIBANK PLC (now Mainstreet Bank Limited) sometimes in 2006.
3. An order deeming the Appellants/Applicants’ Notice of Appeal already filed and served as having been properly filed and served, the prescribed fees having been paid.
4. An order directing that the appeal be heard on the basis of the Record of Appeal already compiled and transmitted to this Honourable Court by the lower Court on 5th October, 2006.
5. And for such order or further orders as the Honourable Court may deem fit to make in the circumstances.

In support of the application is an affidavit deposed to by

1

Sabdat I. Abass, Litigation Secretary in the firm of Messrs O.E.B. Offiong & Co.

Opposing the application, the 1st Respondent filed a Counter Affidavit deposed to by Adamu Ahmed, Litigation Secretary in the firm of Messrs A.A. Malami, SAN & Co. In response is a Further and Better Affidavit deposed to on behalf of the Applicant by Sunday Anwo Litigation Secretary in the aforesaid firm of Messrs O.E.B. Offiong & Co.

In view of the contentious nature of the application, Counsel to the parties were directed to file written addresses. While the Applicants and the 1st Respondent filed Written Addresses, none were filed by the other Respondents. On the date fixed for adoption of Written Addresses, the Applicants and their Counsel were absent. Their Written Address was accordingly deemed duly argued.

In the Applicants’ Written Address prepared by Chief O.E.B, Offiong (SAN), Dr. G.O.A. Ogunyomi, L.O. Oyewo, M.A, Falana, C.N. Obile, A.A. Akintola, dated 23/2/17 and filed on 24/2/17, the sole issue for determination formulated, is the following:

Whether this Honourable Court can grant the application of the Appellants/Applicants as prayed on

2

the Motion paper by virtue of the facts and circumstances of this application?

The 1st Respondent, in his Written Address dated and filed on the 22nd March 2017, prepared by Messrs Iliya Dauda, Yahaya Sulaiman, Mahmud Abdullahi, Umar Usman of A.A. Malami SAN & Co. formulated, as the sole issue for determination, the following:

Whether there is a life issue arising from Suit No. K/347/92 regards being had to the decision of this Honourable Court in Appeal No. CA/K/11/2009 that determined the judicial implication of Suit No. K/347/1992 vis-a-vis Suit No. K258/1993 which appeal determined the contention between the Applicants and Respondents pursuant to an originating summons in Suit No. K/403/07 that interpreted the respective rights of the parties as it relates to their interest over the premises in contention between the parties in the two suits.

The Applicants, giving as their reasons for filing this application, stated in their grounds and in their affidavit in support of the application, that, aggrieved with the Ruling delivered by Shehu Atiku J of the Kano State High Court on 7th March 2005, they filed a Notice of Appeal on 9th