Obichukwu Anumba & Anor V. Venerable J. O. I. Nweke & Anor (2016)

LawGlobal-Hub Lead Judgment Report

RITA NOSAKHARE PEMU, J.C.A.

This is an Appeal against the Ruling of Hon. Justice E. C. Anulude of the High Court of Justice, Otuocha, Anambra State in suit No. OT/78/2012, which Ruling was delivered on the 6th day of March, 2013.
SYNOPSIS OF FACTS
In Suit No OT/78/2012, the Appellants (who were Plaintiffs at the lower Court) instituted an action against the Respondents on record, for declaration of title to land, described as Isingwu land; an order for injunction, and General damages.

The Respondents then prayed the Court for an order striking out their names from the Suit as defendants, and for a further order joining the Registered Trustees of the synod of the Diocese on the Niger.

The learned trial Judge, after considering the application, granted it as prayed.

The Appellants are dissatisfied with this Ruling and have appealed it.

Pursuant to the Practice Direction of this Honourable Court, they filed a Notice of Appeal on the 20th of March 2013, encapsulating four (4 Grounds of Appeal) – Pages 106-112 of the Record of Appeal. The Ruling of the lower Court is at Page 100-105

1

of the Record of Appeal.

Let me quickly observe here that the four Grounds of Appeal are a repetition of the same issue of a party not being a juristic person.

The Appellants filed their Brief of argument on the 3rd of June 2014, but same was deemed filed on the 15th of April 2015. It is settled by Ejike Efobi, Esq.

The Respondents filed their Brief of Argument on the 23rd of June 2015. Same was deemed filed on the 21st of April 2016. It is settled by OBIORA NWEZE, Esq. On the 21st of April 2016 the parties adopted their respective briefs of argument.

The Appellants distilled two (2) issues for determination in their brief of Argument –
i) “WHETHER THE JOINDER OF THE REGISTERED TRUSTEES OF THE SYNOD OF THE DIOCESE ON THE NIGER AS A DEFENDANT IN THE PLAINTIFF’S SUIT NO OT/76/2012 WAS A PROPER EXERCISE OF DISCRETION.
ii) WHETHER THE STRIKING OUT OF THE NAMES OF VENERABLE J. O. I. NWEKE AND REV. JAMES UWAEZUOKE FROM BEING DEFENDANT IN SUIT NO OT/78/2012 IS JUSTIFIABLE.”

On their part, the RESPONDENTS distilled two (2) issues for determination from the Grounds of Appeal. They are –
i) “WHETHER THE JOINDER OF

2