Madam Catherine Uddoh & Ors V. Engr. Ugochukwu Uddoh (2009)

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SULEIMAN GALADIMA, J.C.A.

This is an appeal against the decision of the High Court of Rivers State Port Harcourt, Judicial Division presided over by Hon. Justice J.N. Akpughunum delivered on the 18th day of January 2007. In that case the Appellants were the claimants at the Court below.

They commenced a suit No. PHC/9S6/2006 by originating summons dated 20/1/2006 praying for the determination of the following questions:

(i) Whether the consent judgment entered by this Honourable Court on the- 6th day of December, 2004 in Suit PHC/27S/2004: Engr. Ugochukwu Uddoh Vs. Jude C. Uddoh, was a judgment which this Honourable Court had jurisdiction to enter in so far as it concerned the Estate of Patrick Nzeama Uddoh (deceased) and the administration thereof.

(ii) Whether the terms of settlement filed in this Court on the 18th day of October, 2004 in the said Suit No. PHC/27S/2004: Engr. Ugochukwu Uddoh Vs. Jude C. Uddoh and signed by Engr. Ugochukwu Uddoh and Jude U. Uddoh was valid and competent in so far as all the beneficiaries interested in the Estate of Patrick Nzeama uddoh (deceased) and the administrators of the said Estate were not parties to that suit and not parties to the purported terms of settlement.

(iii) Whether Suit No. PHC/27512004: Engr. Ugochukwu Uddoh Vs. Jude C. Uddoh was properly constituted in so far as the Estate of Patrick Nzeama Uddoh (deceased) is concerned so as to support the purported terms of settlement signed by Engr. Ugochukwu Uddoh and Jude U. Uddoh and confer jurisdiction on this Court to adopt the said terms of settlement as the judgment of this Court.

(iv) Whether the consent judgment entered by this Honourable Court in Suit No. PHC/275/2004: Engr. Ugochukwu Uddoh Vs. Jude C. Uddoh is not altogether null and void being unconstitutional and given by this Honourable Court without jurisdiction.

(v) Whether this is not a proper case for this Court to set aside the consent judgment in Suit No. PHC/275/2004: Engr. Ugochukwu uddoh Vs. Jude C. Uddoh. (Record page 1-2)

Relying on the judicial interpretation Sought by the Appellants from the Court below, they prayed for the following orders:

(i) A declaration that the consent judgment entered by this Honourable Court on the 6th day of December, 2004 in Suit No. PHC/275/2004: ENGR. UGOCHUKWU

UDDOH V. JUDE C. UDDOH, was not a judgment which this Honourable Court had jurisdiction to enter in so far as it concerned the Estate of Patrick Nzeama Uddoh (deceased) and the administration thereof.

(ii) A declaration that the Terms of Settlement filed in this court of 18th day of October, 2004: in the suit No. PHC/275/2004: UDDOH VS. JUDE C.UDDOH and signed by Engr Ugochukwu Uddoh and Jude U. Uddoh was invalid and incompetent in so far as all the beneficiaries interested in the Estate of Patrick Nzeama Uddoh (deceased) and the administrators of the said estate were not parties to the said and not parties to the purported Terms of Settlement.

(iii) A declaration that Suit No. PHC/2752004: ENGR. UGOCHUKWU UDDOH VS. JUDE C. UDDOH was improperly constituted in so far as the Estate of Patrick

Nzeama Uddoh (deceased) is concerned and therefore cannot support the Purported Terms of Settlement signed by Engr. Ugochukwu Uddoh and Jude U. Uddoh nor confer jurisdiction on this Honourable Court to adopt the said Terms of Settlement as the judgment of this Court.