The Court of Appeal in Abuja has strongly criticized counsel for Triples G. Investment Limited for attempting to "tie the hands of the trial court" by filing a "frivolous appeal" in a pending right-of-occupancy case involving a 2.8-hectare property in Abuja. The appeal, marked CA/ABJ/CV/1261/2024, was filed against Olabode Olaleri and another. Justice Okon Abang, who read the leading judgment, emphasized that "no matter how intelligent the appellant is, the appellant cannot command the impossible," having filed incompetent grounds of appeal.
The case arose from a dispute before the High Court of the Federal Capital Territory concerning the alleged ownership of Plot 1851 within Sabon Lugbe, Abuja. The appellant had initiated the suit but later challenged the competence of the respondents' counterclaim by filing a preliminary objection. The appellant's legal team argued that the issue of ownership and title to the disputed plot had been settled in favor of the appellant in an earlier case. However, the respondents denied these claims, and the trial court subsequently dismissed the objection for lacking merit.
Reviewing the developments at the trial court, Justice Abang held that the ruling of the lower court was "interlocutory" and did not necessitate the "indecent haste" to appeal demonstrated by counsel for the appellant. He stated that the decision of the trial court dismissing the appellant's objection was an interlocutory decision, not a final decision. Abang added that the appellant required leave of the trial court, sought and obtained within 14 days, to file a valid appeal.
The Court of Appeal observed that the two grounds of appeal in the appellant's original notice of appeal were grounds of mixed law and fact. Justice Abang maintained that the appellant misled the court and that the original notice of appeal was incompetent and could not be amended. He stressed that while the right of appeal is statutory and constitutional, it is not conferred on an appellant through the imagination or assumption of counsel.
The Court of Appeal proceeded to make findings on the merits of the appeal, considering it an abuse of the process of the court. Justice Abang described the appeal as "frivolous" and "deliberately filed to tie the hands of the trial court from hearing the case." He consequently characterized the appeal as a "reckless" and "hopeless" application. The court also dismissed another appeal, marked CA/ABJ/156/2024, filed by Abdulrahman Dimis against Ime Joseph, the Minister of the Federal Capital Territory, and the Federal Capital Development Authority.
In the second appeal, Justice Abang held that the trial court was right to have ordered the appellant to vacate the property. He stressed that Dimis had no contractual entitlement to House 5, Block 300B, the property occupied by Joseph. Abang observed that proper due diligence before the purchase would have revealed the circumstances surrounding the occupation and ownership of the disputed property.
The developments spotlight the fact that legal exploits are based on awareness and proper application of relevant laws and guidelines governing court filings and the merits of a case. For lawyers, the verdict serves as a note of warning, emphasizing the importance of understanding and applying the law correctly to avoid frivolous appeals and abuse of court processes.
Key points
- The Court of Appeal in Abuja condemns counsel for Triples G. Investment Limited for filing a frivolous appeal in a 2.8-hectare property right-of-occupancy case.
- Justice Okon Abang criticizes the appellant's counsel for attempting to "tie the hands of the trial court" with an incompetent appeal.
- The court dismisses two appeals, emphasizing the importance of proper application of laws and guidelines in court filings.
