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ARIORI & ORS.
V.
ELEMO & ORS

(1983) JELR 49375 (SC)

Supreme Court 21 Jan 1983 Nigeria
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- Supreme Court held that excessive delay by a trial judge in delivering judgment, resulting in loss of the judge’s impressions of the evidence and causing a miscarriage of justice, constitutes a breach of the fair hearing requirement under

Case Details

Suit Number:SC.80/1981
Judges:GEORGE SODEINDE SOWEMIMO JSC AYO GABRIEL IRIKEFE JSC ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MUHAMMADU LAWAL UWAIS JSC CHUKWUWEIKE IDIGBE JSC
Counsel:E.A. Molajo, S.A.N. (with him T.A. Molajo) J. Olu Awopeju, (with him A.O.A. Awopeju) H.A. Lardner, S.A.N. (with him C.O. Okwusogu) For Appellant Chief F.R.A. Williams, S.A.N. (with him Ladi Williams and Miss O.K. Agusto) For Respondent

ESO, J.S.C. (Delivering the Leading Judgment): This case has a chequered history. But as only a few of the facts thereof are germane to the points to which the appeal before this court has resolved itself, I will not bother with setting out all the facts of the case, but will be content with such of the facts as are necessary for the purpose of bringing out the points in the appeal which are material to the issues discussed in the judgment.

The case itself was filed in the High Court of Lagos State on 15th October, 1960 and after all the preliminaries which included filing and settling of pleadings and substitution of parties for those that died during the pendency of the case, hearing was fixed before Kester, J. (as he then was) for 18th November, 1964. Kester, J. took some evidence in the case.

After this, the pleadings were amended and again hearing was adjourned till 10th June 1966. But the case did not come up until 8th March 1968 when it was mentioned de novo before Beckley, J. …

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