The inability of counsel to the plaintiff to obtain Certified True Copy (CTC) of an earlier judgment of an Ibadan High Court directly from the court registrar, Tuesday stalled the definite hearing of the suit between First Bank and Read Agricultural Manufacturing Industry Limited (in receivership), Mr. Remi Alabi and Mrs. Ngozi Nwauma Alabi, over alleged N42 million debt.
When the case with number FHC/IB/CS/104/2018, came up before Justice Uche Agomoh of the Federal High Court Ibadan, counsel for First Bank, Mr. Justice Akose, argued that he was not prepared to commence hearing on the matter because he needed to obtain a 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 prayed the court to grant a short adjournment to enable him get it since he had paid for it already and promised it would soon be ready.
But counsel to the defendants, Chief Richard Ogunwole, SAN, informed the court that he had obtained the same judgment for the claimants two weeks earlier and told them to come and pick it up, stating that the claimant’s counsel was in his office the previous day and the judgment was handed over to him.
The trial judge asked Akose why he still wants to get the same judgment since it has been given to him at no cost, which he replied that he cannot rely on the document given to him by his opposing counsel.
Justice Agomoh, however, ordered him to commence hearing by presenting his witness and stood down the matter for a few hours to enable him get his witness.
At the resumption of proceedings later, Akose having brought the witness, Babtunde Aforiwo, a manager with the bank, who he said was indisposed to commence hearing, still insisted on 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 judge who was displeased with the position taken by Akose, slammed N40, 000 cost on him for refusing to commence hearing.
Justice Agomoh then subsequently adjourned the case to February 24, 2022, for definite hearing.
