Chidi B. Nworika Vs Mrs. Ann Ononeze-madu & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the majority decision of the Court of Appeal sitting in Port-Harcourt delivered on 16th January, 2008 wherein the lower Court dismissed the Appellant’s appeal. The Appellant and another had sued in the High Court of Imo State to attack the intended appointment of the 1st Respondent as a Judge of the High Court of Imo State. The High Court struck-out the suit holding that appellant had no locus standi to bring the action and that there was no cause of action. Dissatisfied with the judgment of the trial Court, Appellant filed an appeal at the Court of Appeal in Port-Harcourt which appeal was dismissed on 16th January, 2008. Still dissatisfied with the decision of the lower Court, Appellant explored right of final appeal to this Court by filing a Notice of Appeal dated 10th July 2008.

SUMMARY OF FACTS:

The Appellant and another Legal Practitioner, Ndionyemma Nwankwo Esq., based in Owerri, Imo State on 23rd January, 2004 took out a Writ of Summons against the 1st Respondent (who was then a serving Magistrate in Imo State Judiciary) and two others

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claiming four (4) reliefs. On 27th January, 2004, the Appellant as Plaintiff, without filing his Statement of Claim filed a Motion on Notice for interlocutory injunction restraining the 1st Respondent from presenting herself for appointment or from being sworn-in as a Judge.

The 1st Respondent filed a Counter-Affidavit to the Motion on 19/2/2004 while the 2nd and 3rd Respondents filed theirs on 12/2/2004. The Appellant and his Co-Plaintiff filed their Statement of Claim on 7/2/2004. The 1st Respondent did not file any Statement of Defence while the 2nd and 3rd Respondents filed their Statement of Defence on 2/3/2004 and raised a Preliminary Objection to the hearing of the suit on the ground, inter alia, that the Plaintiffs lacked the necessary locus standi to institute the action.

Arguments were taken on the Preliminary Objection and the trial Judge delivered his ruling upholding the objection and struck-out the suit. Being dissatisfied with the said ruling, Appellant appealed against the ruling vide his Notice of Appeal of three (3) grounds filed on 23/3/2004. The co-Appellant backed out. The appeal at the lower Court was heard on 17/4/2008 and<br< p=””

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Ruling was delivered on the 16/6/2008 by which the lower Court, by a majority decision (2-1), dismissed the appeal and upheld the ruling of the trial Court. Being dissatisfied with the said judgment, the Appellant filed further appeal to this Court vide a Notice of Appeal of four (4) grounds dated 17/7/2008.

ISSUES FOR DETERMINATION:

The Appellant formulated two (2) issues for determination at pages 4 of the Appellant Brief of Argument, thus:

“(1) Whether the Court of Appeal was right in holding that Appellant had no locus standi to institute this action (derived from Grounds 1 & 3 of the Grounds of Appeal).