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…

ADEKA & ANOR. V. VAATIA

ADEKA & ANOR.
V.
VAATIA