(2012) JELR 49294 (CA)    

Court of Appeal  ·  CA/L/161/11 ·  8 Nov 2012 ·  Nigeria
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial conference
lower court
trial judge
hearing notice
fair hearing
sole issue
constitution of the federal republic of nigeria
court order
high court of lagos state
honourable judge
notice of appeal
proceedings of the lower court
provisions of order
rules of court
suit no
trial court
trial period
1st appellant
appellants mbamalu esq
appellants of the entire proceedings
appellants processes
audi alteram partem
breach of their constitutional right
clear pre-trial orders of court
constitutional issue of fair hearing
day appellants
fair hearing principle
final analysis
formal letter
hon. justice sidi dauda bage
important thing
lagos state
leading judgment
learned counsel
learned trial judge
notice of adjournment
order of court
respondent invested
resumption of the pre-trial conference
sale of respondent
simple reason

HON. JUSTICE SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice L. A. Okunnu sitting in the High Court of Lagos State, Ikeja Division in Suit No: ID/963//2008.

The Respondent's claim in the lower court are contained in the Writ of Summons and statement of claim (Pages 1 - 7 of the record) which were basically for an order of court setting aside the sale of Respondent's property at 32 Lawrence Daniel Close, Ajao Estate Lagos, or in the Alternative an order directing the 1st Defendant (1st Appellant herein) to return to the claimant (Respondent herein) the sum of N2,400,000 (Two Million Four Hundred Naira) the Respondent Invested in the property.

After pleadings, the suit was set down for pre-trial conference in line with the High Court of Lagos State Civil Procedure Rules 2004.

Pursuant to the provisions of Order 25 Rule 6 of the Rules of Court, judgment was entered dismissing Respondents claim on 15/10/2009 (page 71 …

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