OTUOKE & ORS
V.
PHILI & ANOR

(2000) JELR 43834 (CA)    

Court of Appeal  ·  CA/PH/105/96 ·  19 Jun 2000 ·  Nigeria
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERRE NSOFOR Justice of The Court of Appeal of Nigeria MICHEAL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
application
court
adjournment
appellants
lower court
merit
respondents
case
administration of justice
court of appeal
decision
garrick
high court
learned counsel
order
senior counsel
short judgment
15th day of november
adjournment of the appeal
advance
appellant mr. m. j. ogbomo
approach
brief of argument
brief of mr. nosiri
brother ogebe j.c.a.
court of appeal enugu
customary court ngo
decision of the customary court of appeal
determination
duty of every court
enugu
fair hearing
hearing notice
high court rivers state
issue
james ogenyi ogebe
judgment
land case
leading judgment
micheal eyaruoma akpiroroh
normal circumstances
opportunities
parties
party
reaction of the learned counsel
rivers state
submission
sylvanus adiewerre nsofor
violation of the principle of fair hearing

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants lost a land case before the customary Court Ngo in Rivers State and appealed to High Court Rivers State sitting as a Court of Appeal.

When the appeal came up for hearing before the High Court on the 15th day of November, 1995, the learned counsel for the appellant Mr. M. J. Ogbomo holding the brief of Mr. Nosiri informed the court that his principal traveled to Enugu to handle a matter before the Court of Appeal . He then applied for an adjournment of the appeal. The court below without calling for the reaction of the learned counsel for the respondents who was present and without ruling on the application for an adjournment wrote a short judgment dismissing the appeal.

The short judgment is reproduced hereunder:

"COURT: Mr. Nosiri did not produce the hearing notice served on him from the Court of appeal Enugu for this court to grant the application.

He was in court on 13/11/95 when this case was adjourned sp…

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