Tari Vandighi V. Sebastine Hale (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Adamawa State High Court Delivered on 14/6/2013 by H. Abdurahman J., extending time for the Respondent, as Applicant before the Court below, to appeal against the decision of the Upper Area Court Michika, Adamawa State delivered on 14/10/2008.

The Appellant who was dissatisfied with the extension of time granted to the Respondent to appeal against the said decision of the Upper Area Court and appealed to this Court on two grounds of appeal vide the Notice and Grounds of Appeal filed on 27/6/2013.

By a Motion on Notice filed on 13/2/2013 before the Court below, the Respondent as Appellant therein had prayed the Court below for the leave of Court to appeal out of time against the decision of the Upper Area Court Michika in Suit No. MCUNC/CCVF1/16/2006: Tari Vandighi V. Sebastine Hale delivered on 14/10/2008 in favour of the Appellant as Plaintiff against the Respondent as Defendant.

It would appear that some times on 31/10/2011, the Respondent as Applicant had filed a Motion on Notice in Suit No. ADSC/7M/2011 seeking the leave of the Adamawa State High Court to appeal against the said decision of the Upper Area Court Michika. However, that application was subsequently withdrawn and struck out. See pages 33 – 38 of the record of Appeal.

On 13/2/2013, the Respondent as Applicant approached the Court below once again by a Motion on Notice dated 12/2/2013 and supported by affidavit but filed on 13/2/2013 seeking the following prayers;

(1) An order of Court granting the Applicant leave to appeal out of time.

(2) An order of Court enlarging/extending time within which the Appellant shall file and serve his Notice of and Grounds of Appeal.

(3) An order of Court deeming the Appellant’s Notice and Grounds of Appeal already filed and served as properly filed and served, necessary fees having been paid. See Pages 3 – 30 of the Record of Appeal.

On 23/4/2013, the Appellant as Respondent before the Court below filed his counter affidavit in opposition to the leave to appeal out of time sought by the Respondent as Applicant before the Court below.

On 5/6/2013, the Application was heard by the Court below and in a considered ruling delivered on 14/6/2013, the Court below found in favour of the Respondent as Applicant therein and granted the reliefs sought.

It is against the decision of the Court below granting leave to the Respondent as Applicant to appeal out of time against the decision of the Upper Area Court Michika delivered on 14/10/2008, that the Appellant has approached this Court in this Appeal on two grounds, which without their particulars are as follows; namely

Ground One

The learned trial judge erred in law and denied fair hearing to the Appellant (Respondent before the High Court) when she held: