ELDER statesman and human rights lawyer, Dr. Tunji Braithwaite, has urged the Court of Appeal sitting in Lagos to ensure that the integrity of the judiciary is safeguarded, especially at the time reservations are being expressed about its sanctity.Braithwaite'sremarks followed his argument ona preliminary objection to an affidavitin support of a motion on notice deposedto by the plaintiff's counsel, Oluseun Awonuga in a suit filed byReynolds Ezediaro against Ghaddar Machinery & Co. Limited over a disputed property at 10A, Akin Adesola Street, Victoria Island.Braithwaite, who is representing the respondent in the suit (Ghaddar Machinery & Co. Limited) at the resumed hearing of the motion at the weekend, contended that the court presided over by Justice Helen Ogunwumiju lacked jurisdiction to hearthe appeal predicated on the notice of appeal datedMarch 9, 2011.According to him,the purported notice of appeal dated March 9, 2011 was never served on the respondent as it is mandatory for the appellant to serve him in accordance with Order 2, Rule 1 of the Court of Appeal Rules, 2011 and that such failure is fatal to the application.Relyingon Mark v. Eke (2004) 1 S.C (Pt.11) 1 and Tsokwa Motors (Nig.) Ltd v. U.B.A. Plc (2008) 2 NWLR (Pt. 1071) 374 at P. 367, among other authorities, Braithwaite argued that a court could only be competent among other things if all the conditions precedent to its jurisdiction were fulfilled.The service of the process on the respondent so as to enable the respondent to appear, to defend the relief being sought against him, he said, must be fundamental conditions required before the court could have competence and jurisdiction.In urging the court to dismiss the application, he also contended that there was no record of appeal before the court and that the record of appeal referredto inthe plaintiff's affidavit and sworn to by one Yejide Bello was incompetent as evidenced by the plaintiff's failure to comply with Order 8, Rule 10(2) and 10(1)(a) and Rules 10, 12 of the Court of Appeal 2011.But in the motion brought pursuant to Order 7, Rule 1 and Order 18, Rule 10 and 12 of the Court of Appeal 2011,the plaintiff through his counsel, Oluseun Awonuga sought an order striking out his notice of appeal filedFebruary 1, 2011 as well as settling down for hearing of his appeal filed on March 9, 2011 solely onthebrief of arguments filedon May 31, 2011.The motion he submitted was predicated on the ground that the plaintiff wasdissatisfied with the judgment of Justice Adefope Okojie of the Lagos High Courton January 18, 2011, which orderedthe plaintiff to vacate the premise within 21 days and hand it over to Ghaddar Machinery & Co. Limited.Awonuga had also in afurther affidavit in support of the motion contended that Braithwaite's objection tothe motionand the issues raised on the objection did not border on service of any notice of appeal andthat he did not hear the counsel inthe court that the respondent had not been served.He argued that two notices of appeal were filed, one on February 1 and anotheronMarch 9 and thathe was proceedingwith the one of March 9.Awonuga contended that there was no such finding by the court that the notice of appeal filed on March 9, 2011 had not been servedon the respondent and that therespondent's counsel was recorded as havingconfirmed that he wasserved with the process and therefore urged the court to grant his application.Angered by thedeposition of the plaintiff's counsel,the elder statesman, who displayed the record of proceedings to show that he actually raised the issue, said:'At this stage the counsel and judgesshould uphold and safeguard the integrity of the judicial system.'Braithwaitesubmitted that he was only served with the first noticeof appeal dated February 1, which had been struck out and that thecourt had no power to waiveservice, as service was fundamental.He urged the court to discountenance the arguments of the plaintiff anddismiss the application.Ruling on the application has been reserved by thecourt.
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