Pastor Udo Monday Udo V. Frontier Oil Limited & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the interlocutory Ruling of the Akwa Ibom State High Court sitting at High Court 2, Eket delivered on the 31st day of July, 2012 by his Lordship Hon Justice Ekerete A. Ebienyie whereby the names of the 1st and 3rd Respondent who were Defendants at the Lower Court were struck out.

FACTS OF THE CASE

The Appellant was appointed Chairman of a Labour Committee by Chiefs that make up what is called Edo group of villages to represent the interest of the Community by liaising with Companies operating in their domain for slots, employment opportunities meant for the Community, a function earlier on undertaken by the 2nd Respondent. The expression of interest was done through an irrevocable power of Attorney and was to last till August, 2013.

The 1st and 3rd Respondents who had earlier had dealings with the 2nd Respondent in that regard despite the change of position made known to them to continue to deal with the 2nd Respondent and refused/neglected to recognize the Appellant as his Labour Committee.

The Appellant who is the

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Plaintiff later sued for himself and on behalf of Labour Committee against the Respondent at the Lower Court for a declaration that the Plaintiff/Appellant and his Labour Committee Edo are the recognized persons to deal with the 1st and 3rd Defendants/Respondents in matters of Employment and other benefits meant for Edo Community until the expiration of their tenure of office in August, 2013. Also included are other ancillary reliefs.

The Lower Court later struck-out the 1st and 3rd Respondents’ names from the suit upon a Motion filed by the said Respondents. The Appellant formulated two issues for determination.

ISSUE NO. 1:

“Whether the Lower Court was right to have refused the Appellant counsel oral Application to extend time and deem the already filed counter Affidavit and Written Address thereto 1st and 3rd Defendant Motion?”

ISSUE NO. 2

“whether the Lower Court was right when the Honouroble Court while refusing the oral Application to extend

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