Compulaw - 1st Indigenous Digital Law Library

Brief

Action commenced in illegal High court of biafra
Judgement given by an illegal court

Facts

In this appeal from the judgment of Aniagolu, J., delivered on August 7, 1972 at the Umuahia High Court, the plaintiff/respondent company was awarded the amount of £3,497:6:l0d as per its Writ of Summons in respect of the balance of a trading account between the company and the defendant from February 26, 1964 to May 1, 1966. During the material period, the defendant/appellant resided in Kano, Northern Nigeria, and the beer was transported from the company’s breweries in Umuahia to the defendant/appellant in Kano. The action was commenced in Suit No. HU/43/66 by means of a writ issued at Umuahia on July 4,1966, and pleadings were ordered and apparently delivered sometime in November. 1966, though it would seem that there was an outstanding application for an amendment of the particulars of the Counter-Claim and extension of time within which to file the Statement of Defence when the rebellion in Eastern Nigeria supervened on May 27, 1967, The action nevertheless proceeded in the so-called “High Court of Biafra” from December 28, 1967 till November, 18, 1968, when Aniagolu, J., made the following order:

“It is hereby ordered that Mr. S.C. Ogbuehi a chartered accountant of 53 Annang Street, Umuahia, be and is hereby appointed a referee to take accounts between the parties and that on taking the said accounts he should arrive at a balance due to the parties setting off the claims and counter-claims of the parties. It is further ordered that the said S.C. Ogbuehi do transmit his report to this Court on or before the 31st day of January 1969. The costs for the taking of the accounts would be borne equally by the parties.”

It would seem that Mr. Ogbuehi in due course submitted a report entitled "Re¬port on Investigation of Trading Account Between Independence Brewery Limited and Mr. M.N. Uttah” in Suit No.HU/43/66. At the end of the civil war, the matter was taken over by the same Aniagolu, J., at the High Court of the Umuahia Judicial Division of the East-Central State of Nigeria on April 17, 1972 and, after con¬ducting further proceedings into the report and the Counter-claim by the defendant/appellant, the learned trial judge gave the following judgment:

“Accordingly the defendant's claim to a further sum of £2,460 : 8/- on his counter-claim is rejected and dismissed. The result is that the amount of £3,497 : 6 : l0d. already adjudged to the plaintiff stands as the final Judgment between the parties in this suit.”

Issues

What is the effect of a judgment of an illegal court...

Uttah V. Independence Brewery Ltd (1974) CLR 2(c) (SC)

Judgement delivered on February 21st 1974

Brief

Facts

Issues