Port-Harcourt Businessman Raises Alarm Over Attempts To Abort Appeal Court Judgment
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LAGOS AUGUST 9TH (NEWSRANGERS)-A Port Harcourt based businessman, Mr Samson Idighere has raised the alarm over attempt by a Delta State High Court to abort an Appeal that had been decided in his favour.
Idighere is demanding that justice be done, as a case entered in his favour by a Rivers State High Court, and Affirmed by an Appeal Court also in Rivers State is being disobeyed by the High Court in Delta state, at the point of execution of the judgment.
Narrating his ordeal in the premises of the Delta State High Court, Effurun, Delta State, Mr. Idighere narrated how a contract agreement entered between his company, Forcerocks Tools Limited and Billag Rresources was not met by the later.
According to him, an agreement was entered between his company, Forcerocks Tools Limited and Billarg Resources Limited in 2009, to hire a Drilling rig from his company, with the understanding to making payment of certain amount, but Billarg Resources Limited reneged in the agreement as she failed to make payment of the outstanding debts, and equally failed to return the drilling rig to Forcerocks Tool Limited.
He said the failure of Billag Resources Limited to make payments and return the drilling rig necessitated a legal action instituted at a Rivers State High Court sitting in Port Harcourt, in 2011, with Reference number: PHC/256/2011, to recover the debts and cost of the lost Drilling Rig.
“The case which was presided over by now retired Justice Orhurhie, delivered a judgement in favour of Forcerocks Tools Limited at a tune of N121, 522, 700.00 to cover the debts and the drilling rig which was not returned by the defendant.
“The High Court ruling did not however go down well with Billag Resources Limited , thus they appealed the case at the Appeal Court in Port Harcourt, which they without excuse abandoned. This lead the appellate court to affirmed the initial ruling of the lower court, and gave order for the judgment to be delivered at Effurun, Delta State, where the defendant, Billag Resources Limited has its business address,” Idighere stated.
Idighere is however accusing the Delta State judiciary for standing brief for the defendant, as they failed to execute the judgment, after acknowledging the reception of the Port Harcourt judgment, with a reference letter, EHC/RJ/1/2016.
He is accusing the Deputy Director of Effurun High Court, Mr Nwakobia of colluding with Billag Resources Limited to thwart the execution of the court order, as he the Director ordered the court bailiff at the point of execution to come back to the office on the 3rd August, 2017.
Idighere said the action of the Deputy Director is an act of interference in the process of judiciary, demanding that the Delta State Judiciary should carry out the Judgment of the Appeal Court to recover the losses incurred by Forcerocks Tools Limited.
Reacting to the allegation of judicial interference in the execution of the judgement, the Deputy Director, Mr. Nwaokobia denied the allegation of judicial interference.
According to him, the order of the Port Harcourt Court was to execute the ruling at the premises of the company and not in a private resident.
Mr. Nwakobia said that the court officials were taking to a private resident, which in the first place has no relationship with the case, and as such the execution order could not be carried out.
BELOW ARE THE COURT JUDGEMENTS
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Posted by News Rangers
on Aug 9 2017. Filed under State.
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