Chief (Sir) Eleazer Igbozor V. Prince Nyong Inyang Effiong & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the judgment of the High Court of Akwa Ibom State sitting at Oron in the Oron Judicial Division, delivered by Archibong J, on the 7th December, 2011.

The parties were marine transporters based in oron, Akwa-Ibom state and plying the Oron, Nigeria- Idenau in Cameroon route. A dispute arose over loading arrangements which resulted in the disruption of the appellant’s business operations upon which he took out a writ against the respondents before the trial Court seeking the following reliefs as per paragraph 26 of the statement of claim dated 18th March, 2008:

”A declaration that the action of the defendants in impounding four boats of the plaintiff and depriving him of right to load his boat at New Marina Beach, Oron is illegal, unconstitutional and a breach of the fundamental right of the plaintiff to associate and conduct his business in any part of Nigeria.

A declaration that the action of the defendants to compel the plaintiff to join their association or load his boat turn by turn according to their union rules and regulations is

unconstitutional, breach of peace and freedom of association. Payment of the sum of N300,000 per day being the amount plaintiff realizes from the loading of four boats daily which as a result of the defendants have been stopped since 11th February, 2008 till date.

An order compelling the defendants to release the plaintiff boats to him and never to intrude, disturb or intervene in the activities of the plaintiff business in regards to the loading/chattering of boat in his company premises/office. (sic)The sum of N10 million general damages.”

The defendants were served upon which the parties joined issues on their pleadings and proceeded to trial. At trial both sides adduced oral and documentary evidence in support of their averments at the end of which their various counsel adopted their written addresses.

In his reserved judgment, the learned trial judge found no merit in the appellant’s case and dismissed it.

Apparently dissatisfied with that outcome, the appellant filed a notice of appeal dated 6th February,2011which was later amended via the amended notice of appeal filed on 18th February, 2014 containing 7 grounds.

?At the hearing of the appeal Mr. Eze learned

counsel for appellant adopted the appellant’s brief of argument filed on 9th May, 2014 but deemed properly filed and served on 11th November, 2015 as well as the appellant’s reply brief filed on 4th September, 2014 but deemed properly filed and served on the same 11th November, 2015 as the arguments of the appellant in furtherance of his appeal.

Therein he distilled and argued 4 issues for determination as follows:

1. Whether the decision of the lower Court was not wrongly founded and based on a non-viable, invalid and non existing statement of defence.
2. Whether the lower Court was not wrong when he held that the appellant was a registered member of the respondents’ association.
3. Whether the defence available to the defendants’ association which is not a party in the suit avails the defendants in this suit.
4. Whether the lower Court was wrong in dismissing the appellant’s claims.

For the respondents, Mr. Edet holding brief for Mr. Ukoh who settled the respondents’ brief, adopted the said respondents’ brief filed on the 18th June, 2014 but deemed properly filed and served on the 11th November, 2015 as the arguments of the respondents in opposing this