Federal Roads Maintenance Agency V. Bps Engineering And Construction Coy. Nigeria Limited & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Lead Ruling)

The appellant/applicant has by a Motion on Notice dated the 25th of February 2013 and filed on the same day, sought for the following reliefs –

(1) An interlocutory order of mandatory injunction compelling the 1st Respondent through its Managing Director Prince Chudi Charles Chukwuani and the 2nd respondent through its Chief Registrar Mrs. Oluwatoyin Musa Yahaya and its Director of Litigation, Uche Ezinne Bilkisu to pay the judgment sum of Four hundred and sixty Million Naira (N460,000.000.00) into an interest yielding account in the control of the Chief Registrar of the Court of Appeal, Court of Appeal Headquarters Abuja, pending the determination of this Appeal.

(2) An order of accelerated hearing of this Appeal in the interest of justice.

The stated grounds for the application are –

(1) The appeal raised jurisdictional fundamental and arguable grounds of law with high chances of success.

(2) The lower court lacked the jurisdiction to entertain the case ab initio as the Appellant is an agency of the Federal Government and it is the Federal High Court that has jurisdiction.

(3) It is a case in which the trial judge granted an interest of N320,000.00 per day.

(4) The judgment creditor is owing many banks and will not be able to repay the judgment sum if the appeal succeeds.

(5) There is no bank guarantee or insurance bond securing the release of the N460 Million to the 1st respondent and this will foist upon the Court of Appeal, a situation of helplessness.

The application is supported by a five – paragraphs affidavit, sworn to by Chris Mbam, a legal practitioner in the law firm of Chief Chukwuma Ekomaru SAN, lead counsel for the appellant/applicant.

Although the 2nd and 3rd respondents had been served, they have not filed any processes and have not appeared on the day the application was moved – 8th of April 2013.

The fourth respondent had no objection to the grant of the application.

The 1st respondent did not file a counter-affidavit to the application but it filed on the 4th of April 2013, a Notice of Preliminary Objection to the application. The Notice states –