M. MOHAMMED, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 21st March, 2002 in which the appeal of the applicant at the trial High Court, who is now the respondent before this court was allowed and judgment was entered in her favour in terms of her prayers before the trial High Court which had earlier refused and dismissed the respondent's case.
The respondent as applicant had instituted her action in the High Court of Justice of Lagos to enforce her fundamental right to fair hearing by filing a motion ex parte dated 5th October, 1999. seeking for the leave of that court to do so under sections 46(1) and (2) and 316 of the Constitution of the Federal Republic of Nigeria, 1999, in accordance with the procedure prescribed by Order 1 rule 2 and 3(1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979. The ex parte application sought for the following orders:
"1. AN ORDER extending the time with…