Dumbiri Ephraim Uweh V. Peoples Democratic Party (Pdp) & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Lead Ruling)

The Applicant filed two applications before this Court on 13/1/10 and 19/1/10 respectively. Both applications being contentious, the court on 16/2/10 ordered parties to file written addresses in respect of each of the applications.

The first application is seeking for leave of this court to adduce further evidence in this Appeal by tendering a letter of substitution dated 12/1/07 and Form CF.001; whilst the second application seeks leave of this court to amend the Notice of Appeal and to deem the amended Notice of Appeal filed as being properly filed and served.

When both applications came up for hearing the Applicant adopted the written Addresses filed on 3/3/10 and, 16/4/10 respectively and urged this court to grant both applications.

The 1st Respondent the Peoples Democratic Party (PDP) was absent and unrepresented. The Records of the Court showed that their Counsel was in Court on 19/4/10 when the date for the hearing of both applications was fixed and agreed to by all the parties. No argument was canvassed on behalf of the 1st Respondents in respect of both applications.

Learned Counsel for the 2nd Respondent Glory Zakka (Mrs.) informed the Court that they were not objecting to the grant of both applications by the Court.

O.D. Emole learned Counsel for the 3rd Respondent informed the Court that they were opposing both applications and had filed a Counter-affidavit dated 19/1/10 and a written address on 31/3/10 against the application seeking to adduce further evidence on the matter on Appeal. He also informed the Court they have also filed a counter-affidavit on 19/1/10 and a written address dated 31/3/10 against the application for leave to amend the Notice of Appeal

O.D. Emole adopted the written addresses in respect of both applications and urged the Court to refuse both Applications.

The two applications will be treated separately.

The first application dated 8th January 2010 and filed 13/1/2010 is praying for the following orders:

“An order allowing the Appellant/Applicant to adduce further evidence in this appeal by tendering Accord letter of substitution dated 12th January 2007 and Form CF.001.

AND for such further orders as this Honourable Court may deem fit to make in the circumstances.”

The Applicant gave the grounds of the application as follows:

“(i) The Appellant/Interested Party was granted leave to appeal as an interested party after the appeal has been entered.