Dio – Global Concepts Nigeria Limited V. Access Bank Nigeria PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

On 6/5/2009, the Respondent as Plaintiff approached the Gombe State High Court against the Appellant as Defendant vide a writ of summons filed on same date claiming amongst other reliefs the sum of N36,368,479. 69 being the debit balance in the Appellant?s account with the Respondent, which sum the Appellant had defaulted in paying despite demand. On 22/5/2009, the Court below in the absence of a notice of intention to defend by the Appellant entered Judgement in favour of the Respondent against the Appellant.

However, by a motion on notice filed on 25/5/2009, the Appellant sought the order of the Court below setting aside its Judgement entered on 22/5/2009. The ruling was delivered on 12/6/2009. Consequent upon the setting aside of the Judgement entered in default, the Appellant sought and obtained the leave of the Court below by a motion on notice filed on 25/5/2009 and deemed its notice of intention to defend as properly filed and served on 18/6/2009.

The parties having joined issues under the undefended list procedure, the Court below

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proceeded to hear the parties on 18/6/2009 and in a considered ruling delivered on 26/6/2009 it found for the Respondent as Plaintiff as per its clams and entered Judgement against the Appellant. The Appellant was peeved by the said ruling entering Judgement in favour of the Respondent, hence this appeal. See Pages 1- 43, 44 ? 101, 102 ? 109, 110 ? 133, 293 ? 295, 304 ? 307, 308 ? 314 of the Record of Appeal.

This is thus an appeal against the ruling of the Gombe State High Court in Suit No. GM/66M/2009: Intercontinental Bank of Nig Plc (now Access Bank of Nig Plc) Vs Dio – Global Concepts Nig Ltd delivered on 26/6/2009, by A. M. Yakubu J, in which Judgement was entered in favour of the Respondent against the Appellant under the undefended list procedure.

The original Notice of Appeal was filed on 6/7/2009 on three grounds at pages 330 ? 336 of the record. However, on 30/6/2015, the Appellant sought and obtained the leave of this Court to amend the original Notice of appeal.

The amended Notice of appeal on nine grounds was filed on 24/6/2013 but deemed properly filed on 30/6/2015. The Record of

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Appeal was transmitted to this Court on 7/4/2011 but deemed properly filed on 16/11/2011. The Appellant?s brief was filed on 23/9/2015 but deemed properly filed on 8/10/2015. The Respondent?s brief was filed on 15/2/2016 but deemed properly filed on 13/4/2016. The Appellant?s reply brief was duly filed on 12/5/2016. On 15/2/2016, the Respondent filed a Notice of Preliminary Objection challenging the competence of the Notice of Appeal.

At the hearing of this Appeal on 24/5/2016, H .N. Ugwuala Esq, learned Counsel for the Appellant adopted the Appellant?s brief and Appellant?s reply brief as their argument in support of the appeal and urged the Court to allow the appeal and to set aside the judgement of the Court below and to transfer the Respondent?s Suit to the General Cause List for hearing before another Judge of the Court below. On his part, Musa Bala Esq., who held the brief of H .N. Nwoye Esq., learned Counsel for the Respondent adopted the Respondent?s brief as their argument in opposition to the appeal and urged the Court to dismiss the appeal and affirm the Judgement of the Court below.

?RULING ON

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