ADEKA & ANOR.
V.
VAATIA

(1986) JELR 39762 (CA)    

Court of Appeal  ·  CA/J/76/85 ·  24 Sep 1986 ·  Nigeria
 · 
Other Citations
Adeka v. Vaatia (1987) 1 NWLR (Pt.48)
CORAM
ABDUL GANIYU OLATUNJI AGBAJE Justice of The Court of Appeal of Nigeria UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria REIDER JOE JACKS Justice of The Court of Appeal of Nigeria
Core Terms Beta
plaintiff
defendants
contract
learned trial judge
1st defendant
brief of arguments
bedroom flats
plaintiffs claim
statement of claim
building engineer
case of the plaintiff
consideration of the appeal
contract agreement
evidence act
following evidence of the plaintiff
oral arguments
said university
secondary evidence of its contents
adjournment of the case
aggregate contract price
benue state high court
breach of the agreement
brief of arguments of the respondent
clear view
confirmation of sub-contract award
construction of the said boys quarters
contention of the plaintiff
cost of n248,940.00
date line
director of the second defendant company
first defendant
following findings
following findings of the learned trial judge
following letters
following paragraphs of the plaintiff
last paragraph of exhibit
leading judgment
letter of award of the said contract
notice of the court
permanent site of the federal university of technology
relevant issues
submissions fail
trial
version of the appellants
whole of the judgment of the lower court
written agreement

AGBAJE, J.C.A. (Delivering the Leading Judgment): When this appeal came on for hearing on Monday, 30th June, 1986, a letter from one, Gordon Esa, Esq., who described himself in it as an attorney-at-law, was brought to the notice of the Court. In the letter, Mr. Esa who described himself, again as solicitor for the respondent asked for an adjournment of the case on the grounds that he was bereaved in that he had just lost an uncle of his who had since been buried. We discovered that the brief of arguments of the respondent on whose behalf Mr. Gordon Esa wrote for an adjournment, was settled by a firm of solicitors who described themselves as Gordon Esa and Co. Solicitor, of 5, Otukpo Road, Makurdi. We refused to accede to Mr. Esa's application for an adjournment for the reasons given in our ruling written in court on the day. The reasons briefly stated are that if any member of a firm of solicitors acting for the litigant is unable, for one reason or another to appear, in court, any ot…

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