(2002) JELR 44428 (CA)    

Court of Appeal  ·  CA/K/30/2001 ·  22 Apr 2002 ·  Nigeria
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
general cause list
kano state civil procedure rules
trial court
trial judge
provisions of order
respondent counsel
complaint of the appellant
final judgment
instant case
leading judgment
learned trial judge
printed record
second issue
suo motu
undefended list procedure
address of counsel
brief of the respondent
conclusive evidence
course of presentation of the affidavit evidence
court of appeal
early case of ijale v. levantis
following issues
implication of the situation
interest of justice
kano state high court
leave of court
legal authorities
open court
ordinary cause list
plaintiff claim
plea of res judicata
presiding judge
printed record shows
proper course
propriety of the action of the learned trial court
res judicata
respondent of the appellant
special cases
submissions of counsel
trite law
undefended list procedure of order

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A (Delivering the leading Judgment): The two issues formulated in the brief dated 18/5/01 by the appellant who was the defendant in the court below are;

"Whether from the provisions of order 23 rule 3 and 4 of the Kano State High Court Civil Procedure rules 1988 the trial judge was right to have suo motu formulated three issues and called upon counsel to address him on them instead of delivering his ruling for judgment or transferring the matter to ordinary cause list after considering the affidavit before him and submissions of counsel.

Whether the judgment delivered by the learned trial judge on 31st day of July 2000 in chamber instead of the open court can be said to be valid."

In the brief of the respondent filed on 18/10/01. He proferred reasons for what he described as the propriety of the action of the learned trial court. The trial judge formulated three issues on which he called on the two counsel for either side to address the court on, in…

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