(1997) JELR 45471 (SC)    

Supreme Court  ·  SC.186/1989 ·  18 Jul 1997 ·  Nigeria
Other Citations
Ekiyor v. Bomor (1997) 9 NWLR (Pt.519) 1
Ekiyor v. Bomor (1997) 9 NWLR (Pt. 519) 1
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
fair hearing
want of diligent prosecution
leading judgment
brother ogundare
counter affidavit
learned trial judge
honourable court
miscarriage of justice
support of the motion
breach of section
brief of argument
kano native authority
mr. scott-emuakpor
notice of appeal
parties of the availability of the records
assistant registrar of the warri high court
benin city
breach of the fundamental right
case of the defendants
conclusion of mr. okpoko
court refuse
decision of uwaifo
following opinion
grounds of appeal complaints
hearing of the motion
high court
j.o. onurhorho
m. e. ogundare
morning of the hearing of the motion
order of the court
reasonable time
records of this appeal
registry of the court of appeal
rules of this court
ruling of the learned trial judge
stay of proceedings
trial court
view of the conclusion
violation of the principle of fair hearing
way of motion

M. E. OGUNDARE, J.S.C (Delivering the leading judgment): The plaintiff who is respondent in this appeal, had sued the defendants, now appellants, in the Warri Judicial Division of the former Bendel State, claiming N200,000 general damages for trespass, nuisance and injunction. Pleadings were ordered, filed and exchanged. Evidence was led at the trial by both sides. In the course of the evidence of the 3rd defence witness, objection was taken by learned counsel for the plaintiff to the line of evidence. After learned counsel for the parties had addressed the court on the objection, the learned trial judge in a ruling upheld the objection and expunged the evidence of the witness from the record. Thereupon learned counsel for the defendants applied for an adjournment. The application on being opposed by counsel for the plaintiff, was refused by the learned trial judge who directed that "the defendants should go on with their case". I quote below what followed next:

"Mr. Scott-Emuakpor: …

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