(2012) JELR 49298 (CA)    

Court of Appeal  ·  CA/L/42M/09 ·  30 Apr 2012 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
counter claim
fair hearing
learned trial judge
operation of law
record of appeal
trial judge
trial court
1st july
appeal no. ca
breach of the right of fair hearing
evidence of dw
evidence of the defendant
learned counsel
main claim
specific order
amended statement of claim
case of oforiete
cases of r.v. doolin jebb cc
chief rhodes
circumstances of the case
closure of the plaintiff
compellable exercises
cross examination of the dw
cross examine
dead witness
deceased defendant
decision of the trial court
defendant chief babasola o. rhodes
election of the adverse party
evidence of a deceased witness
evidence of d.w.
expunging of the evidence of dw
following dates
ibadan vs. abadom
interlocutory appeal
lead counsel
legal documents
legal practitioner
next adjourned date
record of the court
rule of cross examination
ruling of the lagos state high court
statement of claims
sundry claims
support of the counter claim
unexpected description of a party

MOHAMMED AMBI-USI DANJUMA, J.C.A (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the Lagos State High Court sitting at Ikeja Judicial Division whereat His Lordship Honourable Justice Ade Alabi J. sitting at the Ikeja Judicial Division on the 1st July 2008 held

(1) that there was no need for a specific order to expunge the testimony of a deceased witness D.W, Chief Rhodes

(2) that there was no need for a motion on Notice for the purpose of expunging the evidence of D.W. which had not been cross examined upon.

(3) That the expunging of the evidence of DW was automatic by operation of law as it was a matter that bordered on fair hearing.

The background facts that led to this Ruling and appeal are as follows:

The Respondent who was the Plaintiff at the trial court had sued the Defendant Chief Babasola O. Rhodes (SAN) for Sundry claims as contained in the statement of claims at page 69 of the record of appeal. An amended statement of claim was sub…

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