This is an appeal from the judgment of the Court of Appeal delivered on the 12th day of June, 2003, wherein that Court allowed the appeal and ordered a rehearing of the third party claim before another Judge of the Enugu State High Court F other than the learned trial Chief Judge.

The 1st Appellant as Plaintiff in Suit No. E 428/99 sued the 2nd Appellant as Defendant. Trial was in the Enugu High Court, Enugu State Ugwu CJ (as he then was) presided. The Plaintiff claimed the sum of N46 million from the Defendant. The sum was debt due to the Plaintiff which became payable from a contract agreement dated the 15th of June, 1998. The Plaintiff further claimed 25% compound interest on the sum from 20th day of December 1998 till judgment and post judgment interest of 10%. The Defendant admitted liability but claimed that its default in paying its debt was due to the negligence of its bankers, UBA Plc.

On 20/3/2000, the Plaintiff filed Motion for judgment against the Defendant, and on 4/4/2000 the learned trial Chief Judge entered judgment for the Plaintiff for the sum of N46 million plus interest. Meanwhile the Defendant had taken out third party claim against UBA Plc. The learned Chief Judge fixed hearing for the 9th of May 2000, but in unexplained circumstances the third party claim was heard on the 7th of April, 2000 in the absence of UBA Plc., and judgment entered against UBA Plc for N46 million UBA Plc. quickly lodged an appeal. The Court of Appeal, Enugu Division allowed the appeal, and remitted the third party claim for hearing all over again before a Judge of the Enugu State High Court other than the learned Chief Judge of Enugu State.

This appeal is against that judgment, but interestingly the 1st Appellant who was not a party in the third party claim and not a party in the Court below is the 1st Appellant before this Court.