Court Of Appeal Dismisses Lawyer’s Appeal Against N3m Loan Default Judgment
The Court of Appeal sitting in Calabar has dismissed an application by an Uyo based lawyer, Jerry Akpan, against the judgement of Akwa Ibom State High Court, Uyo which found him guilty and liable for defaulting in a N3 million loan transaction with the Prudential Co-operative Microfinance Bank Limited.
According to a copy of the judgement made available to newsmen in Uyo on Wednesday, the judgement was delivered by Justice Peter Chudi Obiorah.
Joined in Appeal No: CA/C/303/2019 as respondents are Prudential Co-operative MicroFinance Bank Ltd, Bridget Bassey and Bayo Mustapha.
The appellant Jerry Akpan, had applied for an interlocutory appeal against the decision of the High Court of Akwa Ibom State Sitting in Uyo, delivered by Justice Aniekan Akpan in June 2019 in Suit No: HU/UND/132/2018.
The appellant was sued by two other parties as Defendants by the Prudential Co-operative Microfinance Bank Ltd, (1st Respondent) in the Appeal and two others as Plaintiffs over a loan default.
Justice Akpan had dismissed the Appellant’s preliminary objection to halt the trial, going ahead to decide the substantive suit in favour of the Plaintiff.
The appellant dissatisfied with the decision, filed an Appeal before the three-man panel of justices of the Appeal Court, Calabar led by Justice Peter Chudi Obiorah.
But Counsel to Prudential Cooperative Micro-Finance Bank (1st Respondent), Andem Ndem(Esq) in his argument contended that all the processes filed in the suit were signed in the name of Jerry Akpan (Esq); whose name is not on the enrolment register of legal practitioners and are incompetent.
He argued that Jeremiah Udo Akpan Esq who is actually on the Supreme Court register and Jerry Akpan Esq are two different names and not an abbreviation of any name.
He stressed that the processes of the appellant filed before the Court were incompetent and urged the Court to strike out the said processes for non-compliance with the Law.
In response, the appellant who handled the matter by himself stated that ” the respondent has even sued him with the name of Barr. Jerry Akpan in Suit No.HU/UND. 132/ 2018 which case gave rise to this Appeal”
In his judgment, Justice Obiorah held: “In the light of all it is my firm opinion that this appeal fails for lacking in merit and it is hereby dismissed. The ruling of Aniekan E. Akpan delivered on 11th June 2019 is hereby affirmed”
