n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Oyegun V. Nzeribe (2010) CLR 1(a) (SC)

Judgement delivered on January 22nd 2010

Brief

  • Appeal proceedings
  • Fair hearing
  • Exercise of discretion
  • Order 3 Rule 20(1) Fed. High Court Rules 1981
  • Rules of court in civil procedure

Facts

The Appellant in this appeal was Plaintiff in the suit Hog/42/95 filed in the High Court of Imo State, Oguta Judicial Division. In the considered judgment of that Court delivered on 18/12/96, the Appellant was directed to pay the sum of N10,525,000.00 (ten million, five hundred and twenty-five thousand Naira) and interest of 5% per annum until the loan is liquidated. Feeling aggrieved by the judgment, the Appellant appealed to the Court of Appeal, Port Harcourt Division. The parties in the appeal settled records on 23/3/97 and the Appellant had a period of thirty days (30) as from 24/3/93 to fulfill the conditions of appeal. The Appellant failed to comply with the conditions precedent to filing the appeal within the statutory period. This prompted the Respondent to bring this to the attention of the Registry. The principal Registrar of the High Court Oguta notified the Respondent through his Counsel about the Defendant/Appellant's failure to comply with the conditions of appeal on 23/3/99. The Appellant was given the materials required to compile his Records of Appeal by the High Court of Oguta Registrar since the 16th of February 1999. A notice of motion for non-compliance was served on the parties. The motion was argued by Counsel to both parties on the 27th of November 2000 before the Court of Appeal, Port Harcourt Division. In its Ruling, the Court held that:-

  • “Having listened to the arguments of Counsel for both sides and studied the affidavits, it is clear that the Respondent did not comply with any of the conditions of appeal as required in Exhibit A. The Respondent has not shown any evidence of compliance. Exhibit A to the counter-affidavit dated 16th February 1999 shows no compliance at all. The Respondent was required to comply with the conditions of appeal within 30 days of March 1999. There is no evidence of extension of time to comply or even an application for extension of time to comply. In the result, this application has merit and the appeal is dismissed under Order 3 Rule 20 of the Court of Appeal Rules. N2000 in favour of the Applicant."

Being dissatisfied with the order of Court in the above ruling, the Defendant initiated a further appeal in this Court.

Issues

  • 1
    Whether the summary dismissal of Appellant's appeal without considering the

Read More