Cross River State Waterboard Limited V. Chief Benedict Onen & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling and judgment of the High Court of Cross River State, Ugep Division, delivered by Honourable Justice Michael Edem, J., on March 20, 2012.

The 1st-4th Respondents, who were the applicants in the lower Court, commenced Suit No. HUG/60/2010 for the enforcement of their fundamental rights as cognizable under Section 44 Subsection 1 of the Constitution of the Federal Republic of Nigeria, 1999, as amended; and Articles 14 & 21 (1) & (2) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2014.

The 5th-6th Respondents herein, who were the 2nd and 3rd respondents in the lower Court, filed counter affidavits and/or raising preliminary objections. The Appellant, which was the 1st respondent at the lower Court, alleged that it was not served with the originating process in the matter. The lower Court however found otherwise. The Appellant filed an application to set aside that finding and order, to which the 1st-4th Respondents herein raised a preliminary

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objection. The lower Court dismissed Appellant’s motion to set aside and proceeded to give judgment solely against the Appellant. Aggrieved by the ruling and judgment of the lower Court, the Appellant, lodged the instant appeal by Notice of Appeal filed on May 31, 2012 on six Grounds of Appeal found at pages 174 – 179 of the Record of Appeal.

The Appellant and the 1st-4th Respondents exchanged Briefs of Argument. The 5th and 6th Respondents though served with the processes and with hearing notice, did not appear and filed no brief. The Appellant’s Brief of Argument, settled by Barth A. Izato, Esq., was filed on 20/1/2014 but deemed properly filed and served on 26/1/2016. The Appellants’ Brief was adopted on 19/4/2016 by J. U. Ugbong, Esq. The 1st-4th Respondents’ Brief, in which a Preliminary Objection was raised, was filed on 17/6/2014 but deemed on 26/1/2016. It was adopted by Mrs. J. O. Obono-Obla on 9/2/2016. The Appellant’s Reply Brief filed on 9/2/2016 was also adopted.

The Notice of Preliminary Objection of the 1st-4th Respondents was raised on the following grounds:

i. The Appellant did not seek leave of this Honourable Court or

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the Court below to file the Notice of Appeal filed on the 31st May, 2012, challenging the Interlocutory decision of the lower Court delivered on the 20th March, 2012, as contemplated by Section 11 of the Court of Appeal Act (as amended) 2011.

ii. The Appellant did not appeal against the Interlocutory Order of the lower Court delivered on the 20th March, 2012, within 14 days of the ruling as enjoined by Section 24 (2) (a) of the Court of Appeal Act (supra).

iii. Grounds 1, 2, 3, 4, 5 & 6 of the Notice and Grounds of Appeal did not arise from the judgment of the lower Court appealed against and therefore incompetent.

iv. Ground One and particulars of the Notice of Appeal are not Ground of error in law as wrongly termed by the Appellant and therefore incompetent and contrary to the provisions of Order 6 Rule 3 of the Court of Appeal Rules, 2011, that enjoins that the Grounds of Appeal and Particulars must be specific, lucid and precise.