Disable Preloader

CaseLaw

CPC V. Yuguda (2012) CLR 3(r) (SC)

Judgement delivered on the March 5th 2012

Brief

  • Invalid Judgement
  • Good and Sound Judgement
  • Judgement & order
  • Limitation law
  • Section 22 Supreme Court Act
  • Section 285 (8) of the 1999 Constitution

Facts

On the 7/1/2012 the Court of Appeal wrote a Judgment in the following terms as per the decision of OWOADE, JCA which was concurred to by the other members who sat the appeal panel as follows:

  • "I have gone through the submission for and against the four issues nominated for determination by the learned senior counsel for the appellants. The four issues are resolved as against the appellants. Consequently, this appeal lacks merit and is accordingly dismissed. The Judgment of the Tribunal is affirmed. The question of Costs would be dealt with when Reasons for Judgment are given at a later date."

The Court of Appeal wrote the above decision against the Judgment of the trial tribunal on the 7th of January, 2012. The trial tribunal had delivered judgment on the 10th of November, 2011. The lower court in its said judgment of 7th of January gave no reasons but resolved all the issues in favour of the respondent and dismissed the appeal reserving reasons to a later date.

The statutory time for giving the reasons had now expired. The parties now before this court unanimously stating that the judgment delivered by the Court of Appeal is not a valid judgment...

Read More