OKAFOR V. THE ADMINISTRATOR GENERAL & PUBLIC TRUSTEE, ANAMBRA STATE & ANOR.
(2006) JELR 43857 (CA)
Court of Appeal · CA/E/61M/2002 · 23 Feb 2006 · Nigeria ·
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
learned trial judge
letters of administration
record of proceedings
decision of the trial court
letter of adjournment
attorney general of oyo state
basis of affidavit evidence
denial of fair hearing
notice of the trial judge
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
fundamental principle of the administration of natural justice
general principle of law
hearing of the 1st respondent
hearing of this appeal
instance of appellant
learned counsel of both parties
order of court
right of application
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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