Peter Orngu & Ors V. Dr. Alexander Gaadi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Lead Ruling)

This ruling is in respect of the motion on notice dated and filed on the 8th day of February, 2016 praying for the following Orders:

?1. AN ORDER of the Honourable Court, the Court of Appeal Enugu Judicial Division, setting aside the consent Judgment of February 2nd, 2016 delivered by CORAM M. O. Bolaji – Yusuff, JCA M. A, Oredola, JCA and E. A. Agim JCA in Appeal NO. CA/E/410/2008 obtained by misrepresentation.

“2. AND for such or other orders as the Honourable Court may deem fit to make in the circumstance.”

The Grounds upon which the motion is predicated are as follows:

“(i) That the term of settlement dated 23rd January, 2015 and adopted as a consent judgment on 2nd February, 2015 was executed without the knowledge, consent or authority of the Judgment – Creditors/Applicants.

(ii) That the judgment – Creditor/Applicants had neither briefed nor instructed anybody to accept the sum of N8,000,000,000.00 (Eight Billion naira) as a final sum in satisfaction of the judgment sum of N41,898,983,600.00 (Forty – one Billion, Eight Hundred and Ninety

1

Eighty Million, Nine Hundred and Eighty ? Three Thousand, Six Hundred Naira) only.

(iii) That Barrister Ocha p. Ulegede acted without authority in executing the terms on which the consent Judgment of 2nd February, 2015 was based as he has been debriefed by the Judgment Creditors since the 5th of February, 2012.

(iv) That there was no letter of authority emanating from the Judgment – Creditors-Applicants to anybody whatsoever instructing that the terms of settlement be accepted.

In support of the Application (Motion on Notice) is an Affidavit of 25 (twenty five) paragraphs deposed to by Andrew Juntu (the 6th Judgment – Creditor (Applicant) to which a bundle of documents marked Exhibits 1 to 31 are annexed.

Filed along with the motion and accompanying Exhibits, is a Written Address dated the 8th day of February, 2016 also in support of the motion. Upon being served with the motion paper and accompanying processes/Exhibits, the Judgment -Creditors/Respondents filed a Counter/Affidavit deposed to by LIZZY TOR, the Litigation Secretary in the Law chambers of the Ocha P. Ulegede and Co. as well as a JOINT AFFIDAVIT OF

2