Before Their Lordships
CHIDI NWAOMA UWA, Justice of The Court of Appeal
JAMES SHEHU ABIRIYI, Justice of The Court of Appeal
ABDULLAHI MAHMUD BAYERO, Justice of The Court of Appeal
Between
1) CHRISTOPHER OKOYE
2) MOSLAC NIG. LTD. Appellants
And
MARKUS ELISHA MBAYA Respondent
…………………….A…………………….
BAYERO, J.C.A. (Delivering the Leading Judgment): This Appeal originated from the Adamawa State Upper Area Court No. 2 in case number UAC/24/CV/F1/23/2013 wherein the Respondent as Plaintiff before the trial Upper Area Court sued the 1st Appellant. On 6/11/2013, the Respondent/Plaintiff through his Counsel C. K. Atiman Esq., applied orally to join the 2nd Appellant. The application was granted. Two witnesses PW1 and PW2 testified for the Respondent/Plaintiff. The Appellant/Defendant did not present any witness. The trial Court entered judgment in favour of the Respondent. Dissatisfied, the Appellants appealed to the lower Court. The lower Court delivered its judgment on 19th December, 2016 in favour of the Respondent. Miffed with the judgment, the Appellants appealed to this Court by leave granted on 5th July, 2017. Notice of Appeal was filed on 12th July, 2017. The original Record of Appeal was compiled and transmitted on 8th September, 2017. It was re-compiled and transmitted on 4th October, 2019 but deemed properly transmitted on 14th October, 2019. The Appellants Brief was filed on 29th September, 2017 but deemed properly filed and served on 14th October, 2019. The Respondents Brief was filed on 23rd November, 2017 but deemed properly filed and served on 14th October, 2019.
In the Appellants Brief, three issues are distilled for determination thus:
1) Whether the Lower Court sitting on appeal was right when considering the provision of Section 12(a) of the Area Court Law of Adamawa State it held that the trial Upper Area Court had the jurisdiction to determine the Suit before it having regard to the status of the 2nd Appellant, a non natural person under the law? (Distilled from Ground 1 of the Grounds of Appeal)
2) Whether the lower Court sitting on appeal was right when it held that the subsequent proceedings of the trial Upper Area Court conducted without notice to the Appellants were not in breach of the Appellants right to fair hearing under Section 36 of the Constitution of Nigeria? (Distilled from Ground 2 and 3 of the Grounds of Appeal).
