Ifeoma Igwebuike & Ors V. Eugene Chuks Okoye (2016)

LawGlobal-Hub Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.C.A.

The facts that led to this appeal are as follows:
The plaintiff herein referred to as the respondent by a Statement of Claim dated 15/09/09 claims against the defendants herein referred to as the appellants/ applicants as follows:
1. The sum of N2,230,000.00 being the debt owed to the respondent by the 1st applicant and losses occasioned to the respondent by the 1st applicant?s misrepresentation.
2. The sum of N147,663.60 being the 1st and 2nd applicant?s share of the expenses incurred in conducting seminar and Noni production at Nnewi.
3. The sum of N131,500 being the debt owed to the respondent by the 3rd applicant.
4. An order directing the 2nd applicant to pay over to the respondent and his downliners represented by him the value of the cheques received from TNI particularly amounts stated in Paragraph 17 of the Statement of Claim unlawfully paid into the 1st applicant?s account by the 2nd applicant.
5. An order directing the applicants to make full disclosure on oath of the value of the cheques received from TNI on behalf of the respondent

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and his down liners and to give the copies of the said cheques to the respondent for inspection.
6. N2million being general damages against the unlawful seizure and detention of cheques meant for the respondent and his down liners and their money value.
7. An order directing the 1st applicant to release forthwith to the respondent the remaining 54 cartons of Noni juice unlawfully withheld by her.

The appellants/ applicants by a motion filed and dated on 5/4/12 prayed the trial Court for the following orders:
1. To strike out suit No HN/111/09 as being filed in the wrong forum at Nnewi or transferring the same to Lagos State Judicial Division of the Lagos State Judiciary. In the alternative,
2. Setting aside the service of the writ of summons and the accompanying process on the 1st and 3rd applicants at Nnewi for non compliance with the Sheriffs and Civil Processes Act 1990 Laws of the Federation and the High Court of Anambra State Civil Procedure Rules.

After due consideration by the Learned trial judge, His Lordship found the application to be entirely lacking in merit and dismissed same accordingly.

?Dissatisfied with the

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ruling of the trial Court on 11/3/13, the appellants/ applicants by a motion filed on 15/8/13 prayed the Court for the following orders:
1. Extension of time within which to apply for leave of the Court of Appeal to appeal against the interlocutory ruling of His Lordship O. M Anyachebelu J. dated the 11th day of March, 2013 in Suit No. HN/111/2009: Eugene Chuks Okoye v. Ifeoma Igwebuike & 2 Ors.
2. Leave of the Court of Appeal to appeal against the said interlocutory decision of His Lordship O. M Anyachebelu J. dated the 11th day of March, 2013 in this case.
3. Extension of time within which to appeal against the aforesaid interlocutory decision of O. M Anyachebelu J. dated the 11th day of March, 2013.
4. Deeming the Notice and Grounds of Appeal already filed and served as properly filed and served, the appropriate fees having been paid.

The grounds for the application are as follows:
1. The plaintiff/respondent sued the appellants at Nnewi High Court over transaction that took place in Lagos.
2. The appellants filed a preliminary objection that the case was filed in the wrong forum and that it will be inconvenient for

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them to defend same from Lagos where they are based.
3. The honourable trial judge O. M Anyachebelu J. delivered a ruling on 11/3/2013 dismissing the said preliminary objection and set the matter down for hearing.
4. The appellants are dissatisfied by the ruling of the Court and are desirous of appealing against same to the Court of Appeal.
5. Being an interlocutory decision it requires the leave of the Court to do so.
6. In the course of the busy schedule of the chambers of the applicants? counsel the time statutorily allowed for the application elapsed.

The appellants/ applicants? Written Address was filed by order of this Court on 22/5/15, Reply on points of law was filed on 30/6/15. The respondent filed his Counter affidavit on 26/11/14, further counter affidavit on 8/6/15 and Written Address on 8/6/15.

Learned appellants/ applicants? counsel argued that in an application for extension of time within which to apply for leave, leave and extension of time within which to appeal, the applicant has the duty to satisfy the Court on certain necessary principles as follows:
1. Good and substantial reasons for