MARTIN ALAMISI AMIDU vs. THE ATTORNEY, WATER VILLE HOLDINGS (BVI) LTD & 2 OTHERS, ALFRED AGBESI WOYOME AND UT BANK (IN RECEIVERSHIP)

BENIN, JSC:- Ordinarily, this Court does not permit oral applications to be made. However, I permitted Counsel for the 3rd Defendant/judgment/debtor herein to make an oral application that goes to jurisdiction of the Court to entertain application for a claim of interest by a party affected in the process of execution. I allowed the oral application partly because the lead Counsel for the 1st Defendant/judgment/creditor did not disapprove of it and was ready to reply to the arguments. But I must caution that oral application is not the normal practice of this Court and this should be taken as an exception and not as precedent. Counsel's argument was based on Order 44 rules 12 and 13(4)(5) of the High Court (Civil Procedure Rules) 2004, C. I. 47. He stated that under the said rule 13(5) a party aggrieved by the court's decision has the right to appeal within 14 days. He submitted therefore that the rules of appeal cannot be invoked since there is no right to appeal against the decision...