MR. V. I. Anigbata & Ors V. Chief Dan M. Ogbuefi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Justice Anambra State, Onitsha Judicial Division per Hon. Justice G. N. Mbanugo delivered on 22nd day of February, 2005.

The Respondent in this appeal was the plaintiff at the lower Court. He instituted an action against the defendants under the undefended list on 25th November, 2004 in Suit No. 0/613/2004. The claim of the plaintiff in the Suit against the defendants jointly and severally as supported by 14 paragraph affidavit are reproduced as follows:

(i) N3,700,000.00 (Three Million Seven Hundred Thousand Naira) being the sum of money the defendants collected from the plaintiff.

(ii) 15% (fifteen per centum) as interest on the said N3,700,000.00 (Three Million Seven Hundred Thousand Naira) from the 10th day of April 2003 till judgment is entered in this Suit.

(iii) 5% (five per centum) as interest on the judgment sum until the said judgment sum is entirely liquidated.

The defendants through their counsel – C. J. Asiegbu Esq filed a Notice of Intention to Defend dated 4/1/2005 and filed on 6/1/2005. The said notice of intention to defend was supported by 20 paragraph affidavit.

The trial Judge after hearing the presentations of counsel for the parties adjourned the matter for ruling on 22/2/2005. A ruling was delivered in the Suit on 22/2/2005 wherefor the trial Judge entered judgment for the plaintiff as per the undefended list. The defendants being dissatisfied with the whole decision of the trial Court brought a Notice of Appeal dated 13th May, 2005 and filed on 17th May, 2005. The said Notice of Appeal contains four grounds.

The said grounds of appeal as contained at pages 29, 30 and 32 of the record are therein below reproduced in this judgment.

GROUNDS OF APPEAL

GROUND ONE

The Learned Trial Judge erred in law when in considering the defendant’s Notice of Intention to Defend, he held that the Appellant ought to come with clear hands.

GROUND TWO

The Learned Trial Judge failed to properly evaluate the respective affidavit filed in the matter in order to decide whether the Appellant made out a triable issue that would warrant the matter being transferred to general cause list.