The Amanyanabo of Kalabari ethnic nationality, HM King (Prof.) T.J.T Princewill, Amachree XI has proceeded to the Court of Appeal to challenge an High Court judgment delivered on Monday 16th May, 2016 by Hon. Justice E. N. Teetito nullified his installation as Kalabari monarch.
King Princewill through his counsel, Chief OTKD Amachree had filed a motion for stay of execution of the verdict delivered by Hon. Justice Teetito till the final determination of the Appeal.
The Amanyanabo of Kalabari categorically stated that Hon. Justice Teetito’s judgment could not stand the test of time because the High Court erred in its verdict, on the ground that it acted without jurisdiction when after holding that Suit No/624/2002 is caught by the doctrine of estoppel per remjudicatam in view of the earlier decision of the Rivers State High Court in similar Suit No. PHC/1992/2003.
The Kalabari King also faulted the said judgment, adding that the trial court made a mistake by giving conflicting decisions in the same Suit when it struck out the substantive suit PHC/624/2002, but went ahead to hold that parties are nevertheless bound by the decision of the court of Appeal in Suit No CA/PHC/19/2007.
The royal father noted that the trial court diverted from the course of law, when it adopted the decision of the Court of Appeal, an offshoot of Suit No. PHC/620/2000 as part of its judgment in suit No PHC/620/2000, when the parties and subject matter in suit No PHC/620/2002 and Appeal No. CA/PHC/19/2007 on the one hand and Suit No PHC/624/2002 on the other hand are distinct and unrelated in all material particulars and this has led to an injustice.
The Amanyanabo through his lawyer pointed out that the judgment was against the weight of evidence, adding that the reliefs sought from the Court of Appeal was to affirm the striking out Suit No PHC/624/2002. ###
