CORAM

Onyekachi Aja Otisi -Justice Court of Appeal

James Gambo Abundaga-Justice Court of Appeal

Muslim Sule Hassan-Justice Court of Appeal

PARTIES

NATIONAL HEALTH INSURANCE SCHEME (NHIS)

APPELLANTS 

1. DR. R. OGBONNA 2. ASLAD MEDICAL GROUP NIGERIA LIMITED

(Providing Health Care Services under the name and Style of Jowkko Specialist Hospital)

3. KBL HEALTHCARE LIMITED

RESPONDENTS 

AREA(S) OF LAW

APPEAL, AMENDMENT OF NOTICE OF APPEAL, JURISDICTION, PRACTICE AND PROCEDURE, EVIDENCE, GARNISHEE PROCEEDINGS

SUMMARY OF FACTS

The appellant, the National Health Insurance Scheme (NHIS), filed a motion on notice seeking to amend its original Notice of Appeal and to introduce additional grounds, including a fresh issue not raised at the trial court. The respondents, led by Dr. R. Ogbonna, opposed the application. The fresh issue concerned the jurisdiction of the trial court to entertain garnishee proceedings, given that the garnishee orders against other banks were yet to be concluded. The appellant argued that the trial court acted without jurisdiction in the garnishee proceedings against the NHIS while previous garnishee orders involving other banks had not been finalized.

HELD

The Court of Appeal granted the appellant’s application to amend the Notice of Appeal and introduce additional grounds, including the fresh issue on jurisdiction. The Court dismissed the respondents’ argument that the amendments were intended to delay the appeal, finding that the proposed amendments were necessary for the just determination of the case. However, relief No. 2, regarding the fresh issue, was struck out.

ISSUES

1. Whether the appellant could amend its Notice of Appeal to introduce new grounds, including a fresh issue not raised at the trial court?.

2. Whether the proposed ground 5, regarding the trial court’s jurisdiction over the garnishee proceedings, was competent?.

3. Whether the amendments sought were aimed at delaying the hearing of the appeal?.

RATIONES DECIDENDI

AMENDMENT OF NOTICE OF APPEAL – WHETHER THE APPELLANT’S AMENDMENT TO INTRODUCE NEW GROUNDS AND A FRESH ISSUE IS COMPETENT

“The Court held that the appellant was entitled to amend its Notice of Appeal, provided the amendments did not prejudice the respondents or change the nature of the appeal. The introduction of new grounds, including jurisdictional issues, was considered valid, as the Court of Appeal Rules permit amendments at any stage before judgment.”

– Per JAMES GAMBO ABUNDAGA, JCA

FRESH ISSUE ON JURISDICTION – WHETHER THE TRIAL COURT HAD JURISDICTION TO ENTERTAIN THE GARNISHEE PROCEEDINGS AGAINST THE APPELLANT WHILE OTHER GARNISHEE PROCEEDINGS WERE PENDING

“The Court agreed with the appellant that jurisdiction can be raised at any stage, even on appeal, and that the fresh issue concerning the trial court’s jurisdiction to entertain the garnishee proceedings was properly before the appellate court. Jurisdiction is a threshold issue and must be resolved before any substantive matters are addressed.”

– Per JAMES GAMBO ABUNDAGA, JCA

EVIDENCE IN SUPPORT OF MOTIONS – WHETHER PARAGRAPHS IN THE APPELLANT’S AFFIDAVIT CONTRAVENED SECTION 115 OF THE EVIDENCE ACT

GARNISHEE PROCEEDINGS – WHETHER THE PENDING GARNISHEE ORDERS AGAINST OTHER BANKS DEPRIVED THE TRIAL COURT OF JURISDICTION TO ENTERTAIN THE GARNISHEE PROCEEDINGS AGAINST THE APPELLANT

The Court found that the trial court’s jurisdiction to issue garnishee orders was not affected by the pending proceedings against other banks. However, the fresh issue raised by the appellant required further determination in the substantive appeal, as it raised important jurisdictional questions.”

– Per JAMES GAMBO ABUNDAGA, JCA

ABUSE OF COURT PROCESS – WHETHER THE APPELLANT’S MULTIPLE AMENDMENTS CONSTITUTE AN ABUSE OF COURT PROCESS

“The respondents argued that the appellant’s repeated amendments were intended to delay the hearing of the appeal. The Court rejected this argument, finding that the amendments sought were necessary for the proper adjudication of the case and did not amount to an abuse of court process.”

– Per JAMES GAMBO ABUNDAGA, JCA

CASES CITED

Not Available

STATUTES REFERRED TO

Not Available
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