Alaye Iwo & Ors V. United Bank For Africa PLC (2017) LLJR-CA - LawGlobal Hub
Alaye Iwo & Ors V. United Bank For Africa PLC (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL OYEBISI FOLAYEMI OMOLEYE, J. C. A. (Delivering the Leading Judgment) This is an appeal against the decision of the High Court of Rivers State sitting in Port Harcourt Judicial Division (hereinafter called ?the trial Court?) delivered on 11th […]
Alaye Iwo & Ors V. United Bank For Africa PLC (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALOYEBISI FOLAYEMI OMOLEYE, J. C. A. (Delivering the Leading Judgment)This is an appeal against the decision of the High Court of Rivers State sitting in Port Harcourt Judicial Division (hereinafter called ?the trial Court?) delivered on 11th of March, 2011 in Suit No: PHC/594/2010. The brief background facts of the appeal are that, on 18th June, 2010, the trial Court granted the Appellants who were Claimants before it an order to enter their suit against the Respondent as Defendant for hearing on the undefended list. However, by a motion on notice dated and filed at the trial Court on 29th September, 2010, the Respondent sought the following orders to wit:An order extending the time within which the Defendant/Applicant may file and serve its Notice of Intention to Defend and Affidavit Disclosing defence on the merit. An order deeming the Notice of Intention to Defend and the Affidavit Disclosing defence on merit filed along with the Notice. And for such further or other order(s) as this Honourable Court may deem fit to make in the circumstance. The Respondent consequently filed a written1address in support of the motion. Although the Appellants did not file a Counter-Affidavit, they filed a written address on points of law in opposition to the motion of the Respondent. The trial Court in a considered Ruling delivered on 11th March, 2011, found merit in the application of the Respondent, granted it, amongst others, extension of time to file and serve out of time its Notice of Intention to Defend the suit of the Appellants, the Affidavit Disclosing defence on the merit and the Notice of Intention to Defend, the Affidavit Disclosing defence on the merit already filed by the Respondent were deemed properly filed and served. The matter was therefore adjourned to enable the trial Court decide whether the Notice of Intention to Defend and the said supporting Affidavit had disclosed a defence on the merit. ?The Appellants irked by the decision of the trial Court filed this appeal against it vide their Notice of Appeal of two grounds of appeal dated 11th March, 2011 and filed on 15th March, 2011. For proper understanding and quick referencing, the two grounds of appeal with their particulars and the reliefs sought are hereunder reproduced2unedited as follows:GROUNDS OF APPEAL(a) The learned trial judge erred in Law and this has occasioned grave miscarriage of justice when she failed to her in exercise her discretion in granting extension of time to the Respondent, judiciously and judicially. PARTICULARS OF ERRORi. This Suit was brought and entered for hearing on the undefended list.