Denniss Ogbonna Okatta V. The Registered Trustees of the Onitsha Sports Club (2007)

LawGlobal-Hub Lead Judgment Report

M. LADAN TSAMIYA, J.C.A.

This is an appeal against the Ruling of the High Court of Anambra Stale, sitting in Onitsha Judicial Division, delivered on the 10th of March 2006 in suit NO.0/344/2005. In the High Court (here in this appeal referred to as the trial Court), the plaintiff sued the defendant claiming as follows:

1. A Declaration that the nullification of the election of the plaintiff and others as members of the Management Committee by the Trustees of the defendant with out giving them a hearing and/or fair hearing is contrary to the rules of natural justice, ultra-vires and consequently null and void.
2. Injunction restraining the said Trustees by themselves, their servants, agents or privies from further nullifying the election and/or interfering with the functions of the plaintiff and members of the Management Committee till they (the Management Committee) complete their term of office under the constitution of defendant club.

The suit was filed by the plaintiff for himself and on behalf of the members of the Management Committee of the Onitsha Sports Club.

Thereafter the plaintiff filed his statement of claim on 12th July 2005 and on 27th July 2005 the defendant entered appearance. Before filing her statement of defence, the defendant, on 12th October 2005 filed a motion on Notice praying the trial court to strike out the whole suit against her for being incompetent.

On 31st October 2005, and before the above motion was agued, the plaintiff on the other hand filed his own motion praying the trial court “for an order restraining Mr. G.R.I. Egonu Esq. (SAN) or any counsel from his chambers including Mr. D.I. Umeji Esq. from appearing or continue to appear or to represent or continue to represent the defendant in this suit upon the following grounds:

1. G.R.I. Egonu (SAN) is a member of the Board of Trustees of the defendant.
2. G.R.I. Egonu (SAN), B. Anie Egbuna and Akunne D.C. Nwosu purporting to act as Trustees of the defendant, purportedly nullified the election of the plaintiff and other members of Management Committee of the Onitsha Sports Club (the defendant), which said nullification is the subject matter of this suit.
3. G.R.I. Egonu (SAN) cannot appear as member of the Board of Trustees of the defendant and at the same time appear as a Legal practitioner for the defendant in which he is a trustee member.
4. The chambers of G.R.I. Egonu (SAN) where D.I. Umeji Esq. is a Barrister and Solicitor are disqualified from appearing in the circumstances of this case for the defendant.

The above plaintiff’s Motion on Notice was supported by an 11 paragraphs affidavit. The relevant paragraphs are:

(3) That I and members of the management Committee of the Onitsha Sports Club brought this suit against the Registered Trustee of Onitsha Sports Club for inter alia purportedly nullifying the election of myself and others as members of the management committee of Onitsha Sports Club. I and members of the management committee are also members of Onitsha Sports Club incorporated.

(4) That the Trustees of the defendant who purportedly nullified the election into the management committee of Onitsha Sports Club include;

(a) G.R.I. EGONU SAN.

(b) ANIE EGBUNA

(c) AKUNNE D.C. NWOSU.

(5) That apart from purportedly nullifying the election of the management committee of Onitsha Sports Club, the above trustees purportedly appointed a Caretaker Committee to take over the functions of the management Committee of Onitsha Sports Club from myself and the other members of the management committee on whose behalf I filed this suit.

(8) That it was in consequence of lack of fair hearing of the members of the management committee by the Trustees of the defendant that this suit was brought. Hereto attached and marked exhibit “A” A1, A2 and A3 are the motion on Notice, affidavit in support sworn to by Tony Madueke, affidavit of Urgency sworn to by Odi Chukwuma and Affidavit of the Trustees sworn to by B. Anie Egbuna Esq.

(9) That EZEJIAKU DR. EJIKE UME SAN informed me and I verily Believed him that G.R.I. EGONU is not only party and a witness in this case, it is ethically wrong for him or any person from his Chambers to appear for the defendant in this suit as Counselor to represent the defendant in this case as Counsel.