MR. Raufu Olaiya & Anor V. The Registered Trustees Of The Catholic Diocese Of Oshogbo (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED A. DANJUMA, J.C.A. (Delivering the Leading Judgment)

The appellants as applicants by motion on notice dated and filed on the 17th day of October, 2013 prayed this court for the following orders:

1. An order of this Honourable Court granting leave to the appellants/applicants to file and argue additional grounds of Appeal, endorsed on the schedule of amendment attached as Exhibit “B”.
2. An order granting leave to the appellants/applicants to amend the notice of appeal dated 22nd day of January, 2010 by:

(a) Adding 3 additional grounds of appeal contained in Exhibit “B” as grounds (sic) 7, 8, and 9

(b) Adding the following reliefs to the reliefs contained in the notice of appeal dated 22nd January 2010.

(i) An order declaring that the trial court lacked the jurisdiction to entertain the plaintiff/respondent’s claim ab initio and same be dismissed for want of jurisdiction.

(ii) An order remitting the matter back to the High Court of Osun for trial on the merits before another Judge of the said Court other than T. O. Awotoye.

(iii) An order setting aside the inadmissible evidence Exhibit BP and CP

3. And for such further order(s) as the Honourable Court may deem fit to make in the circumstance.

The grounds upon which the application is predicated are as follows:-

1. The additional grounds of appeal raise(s) recondite and substantial issues, points of law and jurisdiction of the lower court to entertain the respondent (sic) suit.
2. We have a good ground (sic) of appeal in the additional grounds of appeal.

3 That if the appeal success and their application is refund (sic) and not granted it will rendered the judgment of the court of appeal nugatory.

4. That the verdict arrived at by the lower court, by the evidence considered no reasonable court would have arrived at that decision.
5. Upon reading the record of appeal, the appellant discovered other substantial complaint bothering on error in law and mixed law and facts which the trial court in part based its decision and which were witherto not included in the notice of appeal but which will enhance the value of the appellants appeal and in the interest of justice.

The said motion is supported by an affidavit of 11 – paragraphs deposed to by a legal practitioner in the applicants’ chambers.

Attached to the motion are Exhibits; A, B and C which are: Exhibit A. – the copy of the notice of appeal contained on pages 2004 – 2008, sought to be amended; B: – the schedule of amendment and Exhibit C being the proposed amended notice of appeal.

The respondent filed a counter affidavit of 24th February, 2014 which was sworn and filed on same date. The applicants filed a written address on the 28th April, 2014, upon the order or this Honourable Court for the parties to file written addresses.

In response, the respondent, on his part filed a respondent’s address in opposition to the appellants/applicants motion dated 17th October, 2013.

The counsel for the parties adopted their respective briefs of argument at the hearing of the motion. The appellants/applicants counsel formulated 3 issues for our determination to wit;