Chief Friday Peter Idah & Ors. V. Chief Pastor S. N. Umoh Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the leading Judgment)

This is a motion on notice filed on 22nd September, 2011 brought pursuant to 07 Rule 2, 10(1) and (2) of Court of Appeal Rules 2011 praying for the following orders

a) An order for an extension of time within which to seek leave to appeal against the judgment of Honourable Justice Ekerette Ebienye of the High Court of Akwa Ibom State, Eket sitting in its appellate jurisdiction and dated the 18th day of October 2010.

b) An order granting leave to the applicant herein to appeal against the aforementioned decision.

c) An order enlarging the time within which the applicants may file their appeal against the aforesaid decision.

d) An order granting leave to the applicant to raise and argue fresh points of law that were not canvassed of the trial or lower courts for the first time on appeal.

(e) And for such further order(s) as this Honourable Court may deem fit to make in the interest of substantial justice.

In support of the motion is a 16 paragraphs affidavit with 6 annexures marked a – f. Counsel relies on all the paragraphs of the affidavit and all the 6 annexures. Also filed on 7th May, 2012 is a further and better affidavit. By the order of this court, the appellants filed their written address captioned “Written Argument” on 7th May, 2012. Also filed is o Reply on 3rd July, 2012 captioned “Rejoinder” Counsel adopts the two addresses and urged the court to grant his prayers.

The Respondent in opposition filed a 13 paragraphs counter affidavit. Also filed is the Respondent’s written address on 18th April, 2012 but deemed properly filed and served on 26tn June 2012.

The Applicant/Appellant articulated one issue “whether this Honourable Court can grant the orders as prayed”

The court was urged to grant the four orders as prayed in the motion paper.

In reply the respondent articulated 2 issues for determination as follows:

(i) “Whether the court can grant leave to a party to argue fresh issues which were not raised at the 2 lower appellate courts”?

(ii) “Whether all the grounds of appeal which do not arise from the decision appealed against are competent”?