FEDERAL POLYTECHNIC, IDAH
V.
ONOJA

(2012) JELR 50970 (CA)    

Court of Appeal  ·  CA/L/295/2010 ·  16 Mar 2012 ·  Nigeria
 · 
Other Citations
Fed. Poly., Idah v. Onoja (2012) 12 NWLR (Pt. 1313) 72
CORAM
KUMAI BAYANG AKAAHS JCA (Presided) JOHN INYANG OKORO JCA (Read the Lead Judgment) MOHAMMED AMBI-USI DANJUMA JCA
Core Terms Beta
court
respondent
rule
appeal
civil procedure
federal high court
court of appeal
issues
counsel
learned trial judge
substantive suit
extension of time
good cause
appeal no. ca
learned counsel
chief judge of the federal high court
lower court
supreme court
good reasons
record of appeal
lead judgment
state of our law
appellant’s counter-affidavit
circumstances of the case
set aside
aforesaid order
clear evidence
commencement of the suit
counter-affidavit of the appellant show
decision of the honourabletrial court
decision of the trial court
discretion of the learned trial judge
earlier decision of the honourable trial court
exercise of such discretion
exercise of the discretion of the trial court
favour of the applicant
following cases
honourable trial court
judgment of the court of appeal
justice of this case
legal consequences
notice of appeal
order of a court of record
overall facts
respondent’s affidavit
said rule of court
sets of affidavit evidence
submission of counsel
such application
such days

OKORO JCA (Delivering the Lead Judgment): The substantive suit which has given birth to this appeal was commenced via an originating summons filed on 19 September 1996, at the Federal High Court, Lagos.

The appellant herein, as defendant, filed a motion on notice challenging the commencement of the suit through an originating summons. The learned trial judge refused the application and the appellant appealed against the aforesaid refusal. The Court of Appeal in Appeal No. CA/L54/98, delivered on 1 July 2002, set aside the decision of the trial court and ordered the Chief Judge of the Federal High Court to reassign the substantive suit to another judge for hearing on the strength of pleadings. In compliance with the aforesaid order, the suit was re-assigned to C. C. Okeke, J. for hearing de novo . When the matter came up for hearing before Okeke, J. on 26 November 2003, both parties were absent and unrepresented. The lowercourt then ordered that hearing notices be served on both par…

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