(2000) JELR 44150 (CA)    

Court of Appeal  ·  CA/PH/16/94 ·  8 Jun 2000 ·  Nigeria
Other Citations
Okoroike v. Igbokwe (2000) 14 NWLR (Pt.688)498
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
fair hearing
trial court
customary court of appeal
learned counsel
customary court
favour of the appellants
grounds of appeal
imo state
2nd issue
case of the respondent
customary court of appeal imo state
question of customary law
1st issue of fair hearing
cardinal principle of brief writing
civilized society
civil proceedings
constitutional issue
costs of n5,000.00
customary court of eziama ikeduru
customary right of occupancy
decisions of the customary court of appeal
fair trial
following cases
imo state customary court of appeal
leading judgment
medical certificate
photostat copy of an excuse duty certificate
reasonable time
rules of court
short ruling
spite of the application
supreme court
trial of the case
turn of the respondent
view of the surrounding circumstances of this case
virtue of s.224

OGEBE, J.C.A. (Delivering the Leading Judgment): The Appellants sued the Respondent in the Customary Court of Eziama Ikeduru seeking a declaration that they are entitled to the customary right of occupancy to a piece of land known as 'Ala onu Nkoro', trespass and injunction. The Appellants gave evidence and closed their case.

When it was the turn of the Respondent to open his defence, the learned Counsel for him wrote a letter to the court enclosing a photostat copy of an excuse duty certificate which placed him on bed rest for 21 days. He asked for an adjournment. The Respondent himself was not in court.

The learned Counsel for the Appellants opposed the application for adjournment and the court closed the case of the Respondent and gave judgment in favour of the appellants.

The respondent appealed to the Customary Court of Appeal, Imo State, and one of the grounds of appeal alleged that the respondent was not given fair hearing. The Customary Court of Appeal allowed the appeal only…

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