Inability to obtain court judgment stalls hearing in N42m case between Bank, firm’s directors

The inability of claimant’s counsel to obtain the Certified True Copy (CTC) of an earlier judgment of the high court of Oyo state directly from the court registrar has stalled the definite hearing of the case between it, Read Agricultural Manufacturing Industry Limited (in receivership), Mr. Remi Alabi and Mrs Ngozi Nwauma Alabi over alleged N42 million debt.

When the matter marked FHC/IB/CS/104/2018 came up before Justice Uche Agomoh of the Federal High Court Ibadan, the Oyo State on Tuesday, counsel for the claimant (First Bank), Justice Akose, argued that he was not prepared to commence hearing on the matter because he needed to obtain a Certified True Copy (CTC) of an earlier judgment delivered by a high court of Oyo State between the same parties.

He said he was going to rely on the judgment and therefore prayed the court to grant a short adjournment to enable him get it, since he has paid for it already and has been promised it would soon be ready.

But counsel for the defendants, Chief Richard Ogunwole (SAN) announced to the court that he had obtained the same judgment for the claimants two weeks earlier and informed them to come and pick it up.

He informed the court that the claimant’s counsel was in his office the previous day and the judgment was handed over to him.

The bewildered trial judge asked the claimant’s counsel why he still wants to get the same judgment, since it has been given to him at no cost?

He replied that he cannot rely on the document given to him by his opponent, citing an authority, which the defence team and the court said was not in sync with the issue at hand.

Infuriated by the argument of the counsel, the trial judge ordered the claimant to commence hearing by presenting his witness and stood down the matter for a few hours to enable him to fetch his witness.

At the resumption of proceedings later, the claimants counsel, having brought the witness, Babtunde Aforiwo, a manager with the bank, who he said was indisposed to commence hearing, still insisted he wanted an adjournment.

He, therefore, prayed the court to grant a short adjournment to enable him get the CTC of the judgment or in the alternative allow his witness enter the box and adopt his statement on oath.

The obviously displeased judge reprimanded the lawyer and gave a bench ruling, slamming N40, 000 cost on the claimant for refusing to commence hearing and making comments impugning on the integrity of the judgment already given to him by the senior lawyer.

Akose had argued: “Public documents should be available to all parties. I cannot rely on the document of my opponent. I have a matter and I have applied for a document and I have paid necessary fees.

“It was not given to me even though I have taken all steps and made complaints to the Chief Judge and the CTC was not advanced to me, but the other party brought out a document and said I should rely on it. It is improper. I’m not doing my client a favour by relying on that document.