Court of Appeal sitting in Enugu weekend dismissed the preliminary objections brought before it by the Chairman of Innoson Motors, Chief Innocent Chukwuma and his company, Innoson Motors Ltd.
Innoson, arguing through his counsel, Prof.
McCarthy Mbadugha, had at the last hearing of the matter on June 14, 2018, raised objections to a motion brought before the court by GTBank seeking to amend its notice of appeal before the court.
Delivering ruling Friday, Justice Ogunwumiju held that the court would be in serious error if it decides to wait and hear Innoson Motors’ preliminary objection.
“There is no doubt that the application for amendment of the notice of appeal will, if successful, give the appeal a chance of being considered and disposed-off on the merit rather than on technicalities.
“It is implicit in the constitutional rights of fair hearing that parties in a case be accorded every reasonable opportunity of being heard, and that extends to the right to amend their processes and place before the court all the issues they may wish to canvass to enable the court reach a fair and just conclusion.” Ogunwumiju also ruled that, “The fact that the respondent counsel raised objections to some of the grounds of appeal is not a bar that can deprive the appellant of the right to amend its notice of appeal.” The respondent has not argued that the notice of appeal that the appellant is seeking to amend is fundamentally defective.
He has failed to identify any substantial or legally acceptable reason to support the objection.
There is no limitation of time to amend a notice of appeal, the objection by Innoson is not only frivolous but is vexatious and hereby dismissed”, she ruled.
Concluding her ruling, Justice Ogunwumiju noted that “this court had at an earlier adjourned date