(2006) JELR 43857 (CA)    

Court of Appeal  ·  CA/E/61M/2002 ·  23 Feb 2006 ·  Nigeria
Other Citations
Okafor v. Admin., Gen., Anambra State (2006) 12 NWLR (Pt. 993)
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JAFARU MIKA'ILU Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
learned trial judge
trial court
letters of administration
2nd respondent
lower court
record of proceedings
interlocutory injunction
learned counsel
decision of the trial court
letter of adjournment
fair hearing
lead judgment
port harcourt
attorney general of oyo state
basis of affidavit evidence
counter affidavit
criminal appeal
denial of fair hearing
notice of the trial judge
trial judge
administration fees
appellate court
audi alteram partem doctrine
case issue of miscarriage of justice
chief judge of the anambra state high court
circumstances of the entire case
court of appeal calabar division
critical look
following orders
fundamental principle of the administration of natural justice
general principle of law
hearing of the 1st respondent
hearing of this appeal
instance of appellant
issue no.
leading judgment
learned counsel of both parties
order of court
property rights
proximate dates
right of application
scnj page
speedy trial

BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of Honourable Justice G. U. Ononiba the then Chief Judge of the Anambra State High Court, delivered on the 7th day of February, 2002.

The suit was commenced at the lower court by originating motion in which the 1st respondent in this court asked for the following orders:

"(1) An order of court revoking the letters of administration granted to the applicant in respect of the Estate of Addison J. E. Okafor (Deceased).

(2) An order directing the respondents to offset the debts owed to the applicant including the administration fees."

According to the record of proceedings, this action came up for the first time on 24/7/2001 before the trial court. The motion was then adjourned at the instance of appellant's counsel. It came up again on 15/11/2001 and appellant's counsel also wrote a letter for adjournment. And on 21/1/2002 when the motion came up for hearing it was not heard and it was adjourned till 7/2…

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