Haruna Yusuf Haruna V. Bank Of Agriculture Limited & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering The Leading Judgment)

This Appeal arose out of interpleader proceedings and is against the Ruling of the High Court of Kaduna State delivered by Hon. Justice J.S. Abiriyi (as he then was) on the 25th day of February, 1998.

? The facts of this case are that the 1st Respondent, as Plaintiff, obtained judgment in the Undefended List against the 2nd and 3rd Respondents, as Defendants, in respect of a loan given by it to the said Respondents. The Judgment, from the Record of Appeal, was delivered by Ibiyeye J (as he then was) on 18/9/95. In satisfaction of the judgment debt the 1st Respondent attached and auctioned the movable properties of the 2nd and 3rd Respondents.

Realising less than the judgment debt, it was granted leave to attach the immoveable property of the said Respondents, consequent upon which the property at No. AK 14 Wushishi Road, Kaduna was attached and an auction notice published. A sale was conducted and the property sold to a third party. The third party (Appellant herein) filed an interpleader application claiming ownership of the property. The 1st Respondent opposed the

application. Neither the?2nd or 3rd Respondents appeared in Court nor filed any processes in opposition. The Court, Coram Abiriyi J (as he then was), hearing the application, dismissed the same.

Dissatisfied with this decision, the Claimant, Appellant herein, filed a Notice of Appeal dated 3rd March, 1998. In the interim, the Appellant died and was substituted by his son. The Notice of Appeal was subsequently amended and further amended, the extant Notice of Appeal being Further Amended Notice of Appeal filed on 4/3/15 and deemed properly filed on 4/6/15 pursuant to the leave of the Court. In reaction to the appeal filed by the Appellant, the 1st Respondent was, on 8/2/11, granted an extension of time to file a Notice of Cross Appeal, which Notice, dated 6th July, 2007, was deemed properly filed on the said date (8/2/11).

The parties amended their Briefs of Argument severally. This, combined with innumerable applications and processes filed, has resulted in the protraction of this appeal, the appeal finally coming up for hearing on 23/3/16.

?At the hearing of the appeal, Ugo Udoji Esq argued the 1st Respondent’s Preliminary

Objection dated 30/10/15 and filed on 2/11/15. Arguments in respect of the Preliminary Objection are contained at Pages 9-11 of the ?Amended 1st Respondent’s Brief of Argument? filed on 2/11/15, but deemed properly filed on 3/12/15. Counsel urged the Court to allow the objection and to strike out Ground 4 of the Appellant’s Notice of Appeal.

Ms A.A. Fali, learned Counsel for the Appellant, adopted the Appellant’s Reply Brief dated 16/12/15 and filed on 17/12/15 as containing their response to the Preliminary Objection, urging the Court to dismiss the same.

With respect to the main appeal, Ms A.A. Fali adopted the Further Amended Appellant?s Brief of Arguments dated 11/11/15 and filed on 2/12/15. Mr. Udoji, in turn, adopted the Amended 1st Respondent’s Brief of Argument dated 30/10/15 and filed on 2/11/15 but deemed properly filed by leave of Court on 3/11/15.

On the Cross Appeal, the Appellant’s Counsel adopted Amended 1st Respondent’s/ Cross Appellant’s Brief dated 30/10/15 and filed on 2/11/15/ but deemed filed on 3/12/15. Ms Fali, in response, adopted the Amended Cross Respondent’s Brief of Arguments dated

20/1/14 and filed on 29/1/l4.

?I shall first deal with the Notice of Preliminary Objection filed by the 1st Respondent. The Notice stated: