Hon. Stephen Bassey & Ors V. Sat Guru Maharaji & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment)

The present appeal is against the ruling of the High Court of Cross River State, delivered on April 24, 2014 in suit No. HC/490/1998. By the said ruling, the Court below struck out the Appellants’ (Defendants’) counter-claim on the ground that it was “incompetent and incurably defective by reason of the non-existence of a valid writ of summons in support thereof?.

BACKGROUND FACTS

By the Amended Statement of Claim thereof filed in the Court below on June 3, 2002, the Respondents (Plaintiff’s) claimed against the Appellants (Defendants) the following reliefs:

i. N500,000 for trespass,

ii. N50,000.00 for lease of the land from 1996 till Judgment or valuation.

iii. An Order of perpetual injunction restraining the defendants by themselves, Agents or any Privies from entering into the said place or Parcel of land perpetually.

See pages 1 – 4 of the Record.

Pleadings were filed and served by the respective parties. The case proceeded to trial. However, on April 10, 2013, the Court below ordered for a trial de novo, consequent upon the re-assignment of the

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case to another judge.

Prior to the commencement of hearing de novo, the Appellants raised a preliminary objection to the competence of the Amended Writ of Summons of May 18, 2011, which made the Appellants parties to the suit.

The objection in question was argued on February 11, 2014. The Court below delivered the ruling the following day, to the conclusive effect thus:

In the final analysis, I shall hold this objection of the 3rd and 4th defendants on the validity of the amended writ of summons of the claimants of 18th May, 2011, to be valid and properly taken and so valid in law and would make the following orders to wit: