Categories: Press Releases

Enugu Court Dismisses Innoson’s Preliminary Objections Against GTBank

The Court of Appeal sitting in Enugu yesterday 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 yesterday, 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 his 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 observed that it found it strange that Innoson, a judgment creditor will be employing all manner of tactics to delay the hearing of the substantive appeal entered in this court as far back as 2013”.

“I see no reason to refuse the appellant’s (GTBank) request to amend its notice of appeal”.

“Everyone in this judicial drama knows that the substantive appeal must be decided in this court and no matter how much time is wasted, the Supreme Court can only hear the substantive matter after it has been decided in this court”.

“Without any disrespect to whatever legal gymnastics being displayed by the 1st to 4th Respondents’ (Innoson) Counsel, these are the types of practices that give the administration of Justice a bad name considering that this case involves money and has been hanging in this court since 2013”.

“Considering all the reasons and circumstances set out above, I hold that it is in the interest of Justice that the appellants application be granted in terms of the following orders:

• Leave is granted to the Appellant (GTBank) to raise new issues in this appeal,

• Leave is granted to the Appellant (GTBank) to amend its notice of appeal in terms of the particulars and specifics highlighted in its supporting Affidavit

• The amended notice of appeal which has already been filed and served is properly filed and served

• Leave is granted the Appellant (GTBank) to amend its brief of argument to reflect the reliefs granted.

Enugu Court Dismisses Innoson’s Preliminary Objections Against GTBank was last modified: July 20th, 2018 by Politics Nigeria
Politics Nigeria

PoliticsNGR Staff

Share
Published by
Politics Nigeria
Tags: gtbguaranty trust bank

Recent Posts

Ajimobi’s wife urges well-to-do to support less-privileged

The wife of the Oyo State Gov., Mrs Florence Ajimobi, on Saturday appealed to the well-to-do in the society to do…

4 hours ago

N30,000 minimum wage: Fayemi canvasses upward review of federal allocation to states

Ekiti State Governor, Dr Kayode Fayemi, on Saturday said that the Federal Government needed to address the current revenue allocation…

4 hours ago

Top APC Chieftain assassinated, dumped in Forest (PHOTO)

The secretary of the All Progressives Congress (APC) in Ikwerre Local Government Area of Rivers State, Hon. Samuel Wanjoku has…

5 hours ago

Atiku releases official 2019 Campaign Photographs

Presidential Candidate of the Peoples Democratic party, Atiku Abubakar has released official portraits for the 2019 general elections as campaigns…

6 hours ago

Buhari laying foundation for economic growth — Fashola

The Minister of Power, Works and Housing, Mr Babatunde Fashola, said on Saturday that President Muhammadu Buhari was laying the…

7 hours ago

Army renovates primary school, offers medical support to 3,000 in Kaduna

The 1 Division Nigerian Army, Kaduna, on Saturday inaugurated a renovated primary school, offered free medical treatment to 3,000 people…

7 hours ago