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OYEYIPO & ANOR.
V.
OYINLOYE

(1987) JELR 42700 (SC)

Supreme Court 20 Feb 1987 Nigeria
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- The applicants filed a motion seeking to set aside a decision made by the court in chambers and to have the motion on notice listed for hearing in open court. - The grounds for the application were that the appellant was not given an oppo

Case Details

Suit Number:SC.99/1986
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREW OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams S.A.N. with him J. O. Ajiboye and B. O. Aluko For Appellant Chief Afe Babalola with him Professor S. A. Adesanya and A. Awomolo For Respondent
Other Citations:Oyeyipo v. Oyinloye (1987) NWLR (Pt. 50) 464

KARIBI-WHYTE, J.S.C. (Delivering the Leading Ruling): This is a ruling on the motion by applicants, who were the Appellants in the substantive action, now dismissed, seeking an order of this Court that

"(i) the decision given herein by this Honourable Court sitting in Chambers on Wednesday the 12th day of November, 1986 be set aside;

(ii) the motion on Notice filed by the Respondent herein and dated the 24th day of October, 1986 be listed for hearing in open court or in such other lawful manner as the court may direct;

(iii) such further or other orders as this Honourable Court may deem fit to make."

The grounds relied upon by the applicant were as set out in the schedule to the Motion stated as follows:-

"(i) The Appellant was not given any opportunity of being heard before the decision made by this court on 12th November, 1986 was made.

(ii) The making of the said decision otherwise than in open court (i.e. the court sitting in public) is a contravention of subsection 13 of Section …

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