The Court of Appeal sitting in Enugu at the weekend dismissed the preliminary objections brought by Chairman of Innoson Motors, Chief Innocent Chukwuma and the firm. Innoson, arguing through his counsel, Prof. McCarthy Mbadugha had at the last hearing of the matter on June 14 raised objections to a motion brought before the court by GTBank seeking to amend its notice of appeal before the court.
In its ruling the court presided by Justice Ogunwumiju held it would be in serious error if it decides to wait and hear Innoson Motors’ preliminary objection.
She said: “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.
“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.”
Reacting to the ruling, Chukwuma instructed his Counsel to immediately appeal it.
