(2012) JELR 49290 (CA)    

Court of Appeal  ·  CA/I/6/2012 ·  30 Nov 2012 ·  Nigeria
MONICA B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned counsel
stay of proceedings
16th march
printed records
medical certificate
learned trial judge
proceedings of 17th march
discretion of the court
exercise of discretion
cross examination
list of witnesses
musibau adetunbi esq
following cases
sole issue
trial de novo
firm of musibau adetunbi
mere fact of refusal
refusal of the application
said discretion
senior counsel
16th day of march
adjournment of the 16th march
adjournment of the case
background facts
bamgboye vs. university of ilorin
circumstances of likelihood of bias
exercise of discretion of the trial court
grant of an adjournment
ground of ill health of the defence counsel
learned judge of the court
letter of application
medical report of counsel
noble lord of the court
order of court of 19th april
oyo state high court
paragraph e-h.
ruling of a. a. aderemi
submissions of facts
subsisting dates
support of the allegation of bias
trial court shows
trial of the case
view of the undisputed facts
womiloju vs. adebare

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the Ruling of A. A. Aderemi, J. of the Oyo State High Court sitting at Ibadan, delivered on the 16th day of March, 2011 wherein the lower court refused the appellant's application for adjournment of the case fixed for hearing on that day.

The background facts are that the appellant (then defendant) contended that the lower court refused to adjourn the case fixed for hearing to one of the subsisting dates earlier fixed for trial of the case on the ground of ill health of the defence counsel, Musibau Adetunbi Esq. of the firm of Musibau Adetunbi and Co. in seeking for the adjournment a medical report of counsel was attached to the letter of application. The application was opposed by the learned counsel to the claimants/respondents.

The appellant also contended that this appeal was not founded on the mere fact of refusal to grant an adjournment, which learned counsel agreed is at the discretion of the cou…

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