UBA PLC.
V.
LAWAL & ANOR
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…