CHARLES ODEDO V PEOPLES DEMOCRATIC PARTY & ORS
April 30, 2025CENTRAL BANK OF NIGERIA & ORS v. AITE OKOJIE
April 30, 2025Legalpedia Citation: (2015) Legalpedia (CA) 83912
In the Court of Appeal
Thu Jun 4, 2015
Suit Number: CA/L/315/12
CORAM
UZO I. NDUKWE – ANYANWU JUSTICE. COURT OF APPEAL
YARGATA BYENCHIT NIMPAR JUSTICE. COURT OF APPEAL
UZO I. NDUKWE – ANYANWU JUSTICE. COURT OF APPEAL
YARGATA BYENCHIT NIMPAR JUSTICE. COURT OF APPEAL
UZO I. NDUKWE – ANYANWU JUSTICE. COURT OF APPEAL
YARGATA BYENCHIT NIMPAR JUSTICE. COURT OF APPEAL
PARTIES
HYGINUS OKECHUKWU NNUBIA APPELLANTS
INTER CONTINENTAL BANK PLC RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent instituted an action against the Appellant and 2 others at the High Court seeking for foreclosure of a tripartite mortgage. Judgment was entered against the two other persons at the pretrial stage but not against the Appellant as the Respondent failed to exhibit the execution page of the Tripartite Legal Mortgage. The Respondent consequently sought leave of court to amend its originating process and same was granted while the Appellant on the other hand applied to amend his statement of defence. The lower Court ruled refusing the application as the amendment sought will overreach the Respondent and it was changing the nature of the suit. Dissatisfied, the Appellant has appealed to this Court. The Respondent filed a preliminary objection that the court lacks jurisdiction to entertain the appeal and that the suit is an abuse of court process.
HELD
Preliminary Objection Upheld, Appeal Struck Out
ISSUES
None
RATIONES DECIDENDI
AMENDMENT OF PLEADINGS – THE GRANT OF AMENDMENT OF PLEADINGS IS SUBJECT TO THE DISCRETION OF COURT
“The issue with Amendments of pleadings is subject to the exercise of the courts discretion and always granted in order to determine the issue in dispute.” PER Y. B. NIMPAR, J.C.A
GROUND OF APPEAL – NATURE OF AN OMNIBUS GROUND OF APPEAL
“A ground against weight of evidence, generally is called the omnibus ground and is one against the findings of facts. It is evaluation of evidence which results in finding of fact. Usually an appellate court will not interfere with such findings. If the complaint is against evaluation of evidence, that means affidavit evidence, can it be a ground of law simpliciter? I think not.” PER Y. B. NIMPAR, J.C.A
EXERCISE OF DISCRETION – DISCRETION IS EXERCISED ON MATERIALS PLACED BEFORE THE COURT
“Discretion is usually exercised on materials placed before the court and there is no static classification of how a discretion should be exercised except to be based on materials.” PER Y. B. NIMPAR, J.C.A
DETERMINATION OF AN APPLICATION – A COURT MUST NOT APPLY ALL THE CASES CITED IN THE DETERMINATION OF AN APPLICATION BEFORE IT
“There is no law that says a trial court must apply all the case law cited in the determination of an application to amend or in a suit generally. There is no ground that challenges the application of law to admitted facts per se.” PER Y. B. NIMPAR, J.C.A
GROUNDS OF MIXED LAW AND FACT – QUALIFICATION OF A GROUND AS GROUNDS OF MIXED LAW AND FACT
“To challenge the evaluation of facts before applying the law qualifies the grounds as grounds of mixed law and fact, see Ogbechie V Onochie (Supra).”PER Y. B. NIMPAR, J.C.A
GROUND OF APPEAL – DETERMINATION OF A GROUND OF APPEAL
“It is trite that it is not how a party christened a ground that would determine the ground as such. The ground must be closely examined to see whether it qualifies as alleged by the appellant. It is therefore not what a party desires to label a ground it is what the court finds the ground to be upon a careful examination.” PER Y. B. NIMPAR, J.C.A
GROUNDS OF LAW- MEANING OF A GROUND OF LAW
“A ground of law is one where facts are not in dispute and the only complaint is as to the way and manner the lower court applied the law to these established and undisputed facts, then, the ground is one of law, see Metal Construction (W. A) Ltd V Milgore & Ors (1990) 1 NWLR (Pt 126) 299”. PER Y. B. NIMPAR, J.C.A
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1990
