By Christopher Isiguzo in Enugu
The Chairman/Managing Director of Innoson Vehicle Manufacturing (IVM), Innocent Chukwuma has said he would approach the Supreme Court to challenge last Friday’s ruling of the Enugu Division of the Court of Appeal, which allowed the Guaranty Trust Bank (GTB) to amend its notice of appeal on their lingering legal dispute.
Reacting to the ruling in a statement by his spokesman, Cornel Osigwe, the automobile manufacturer asked his counsel, Prof. McCarthy Mbadugha to immediately appeal the decision of the Court of Appeal granting the appellant leave to amend its notice of appeal.
Friday’s decision of the Court of Appeal followed a motion by counsel to GTBank, Wole Olanipekun (SAN), seeking to amend its notice of appeal.
The motion was however, opposed by Counsel to Innoson, Prof. McCarthy Mbadugha who equally urged the court to make an Order that the appellant/contemnor, (GTBank), should not be heard in the appeal and in any application whatsoever until it purges itself of the contempt by obeying the court’s order of December 9, 2014.
Mbadugha further argued that the court lacks the jurisdiction to entertain the appeal given that the appellant’s appeal at the Supreme Court against the said Court of Appeal order has been transmitted/entered into the Supreme Court and by reason of Order 8 Rule 11 of the Supreme Court rules 1985 (as amended), the Court of Appeal lacks the jurisdiction to entertain the appeal before it and any application in the appeal.
Mbadugha urged the Court of Appeal to defer to the Supreme Court and transmit all the pending application to the apex court.