CORAM

WALTER SAMUEL NKANU ONNOGHEN,(Lead Judgment) JUSTICE, SUPREME COURT

PARTIES

1 EKANEM EKPO OTU APPELLANT(S) / DEFENDANT(S)

PLAINTIFFS / RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 3rd party/respondent who was not a party to the suit in the high court was granted extension of time to appeal as an interested party without seeking leave to appeal. ?

HELD

The court held that the 3rd party/respondent was wrongly admitted to participate in the matter in the Court of Appeal as he did not ask for leave to be joined as an interested party.

ISSUES

1. Whether the respondents (i.e. the plaintiff and the 3rd party) had a right of appeal from the High Court to the Court of Appeal against the ruling of the trial court of 17/5/1991, and if they had such right whether it was one that could be exercised without leave of either the trial High Court or the Court of Appeal2. Whether the ruling and the judgment of the Court of Appeal denying the defendant hearing on merit are not unconstitutional and have not occasioned miscarriage of justice to the defendant/appellant?3. Whether from the record before the trial court, the Court of Appeal was justified in upsetting the trial court’s ruling that the statement of defence was not served?

RATIONES DECIDENDI

CASES CITED

1. The Registered Trustees Christ Apostolic Church Nigeria v. Uffiem (1998) 10 NWLR (Pt. 569) 312; 2. In Re Williams (No. 1) (2001) 9 NWLR (Pt. 718) 329; 3. In Re Ojukwu (1998) 5 NWLR (Pt. 551) 673.4. Savannah Bank of Nigeria Pic v. Kventu (1998) 2 NWLR (Pt. 536) 41; 5. Ardo v. Ardo (1998) 10 NWLR (Pt. 571) 700;6. UTB v. Odofin (2001) 8 NWLR (Pt. 715) 296; 7. The Nigerian Air Force v. Wing Commander Shekete (2002) 18 NWLR (Pt. 798) 129; (2003) 2SCM 79, 8. REAN Plc v. Anumnu (2003) 6 NWLR (Pt. 815) 52

STATUTES REFERRED TO

The Constitution of the Federal Republic of Nigeria 1979

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