Compulaw - 1st Indigenous Digital Law Library

Brief

Fair hearing
Issues for determination
Retrial order

Facts

This is an appeal against the judgment of the Court of Appeal Port Harcourt Division delivered on the 29th November, 2001 which allowed the appeal from the judgment of Njiribeako, J. of the Umuahia High Court in Suit No. HU/104/86 delivered on the 16th October, 1991. The lower court ordered a retrial of the said Suit No. HU/104/86 on the ground that the trial court violated the rule of fair hearing in the sense that the present Respondent who was the 2nd Defendant during the trial at the High Court was not given the opportunity to sum up or address the Court before judgment of the Court was delivered on the 16th October, 1991.

Briefly the facts were that the present Appellant who was Plaintiff in the trial Court took out a Writ of Summons against one Mrs. Patience Ukauwa and another in the High Court Umuahia as 1st and 2nd Defendant claiming the following reliefs:-

a
A declaration that the Plaintiff is entitled to the statutory Certificate of Occupancy in respect of a piece or parcel of land situate and known as No. 49 Awkuzu lane Umuahia, lmo State (now Abia State) of Nigeria together with the building thereon) within the jurisdiction of the Court and with an annual rental value of N10.00.
b
An order of court compelling the defendants to return to the Plaintiff, title Deed of the Plaintiff to the said Piece or parcel of land which the Plaintiff handed over to the 1st Defendant as security for repayment of a loan of N5,000.00 (Five Thousand Naira) which the 1st Defendant gave to the Plaintiff in 1932.
c
An injunction permanently restraining the Defendants, their servants, agents and/or workmen from selling the said piece or parcel, of land on 8/10/86 or thereafter as advertised in the Daily Star Newspaper of 4/9/86 or dealing with the piece or parcel of land (together with the building thereon) in any other manner whatsoever, ladings having been filed and exchanged, the matter proceeded to be heard and the trial court gave judgment to the plaintiff (Appellant in this appeal before us) in all the relief sought.

The 1st defendant did not appeal. The 2nd Defendant as Appellant in the Court below formulated three issues for determination by the lower Court namely:-

a
Whether the trial Court was not in breach of the rule of fair hearing by not giving opportunity to counsel to sum up the case of the 2nd Defendant and comment thereon before judgment.
b
Whether the failure of the trial Court to consider or adequately consider the equitable defences pleaded by the 2nd Defendant was lawful.
c
Whether the trial Court properly evaluated the evidence before it and made adequate findings of facts before entering judgment for the Plaintiff.

The Plaintiff as respondent in the court below also distilled three issues for determination:-

A
Whether the trial Court gave equal opportunity to each side to present its case and address to the court before judgment,
B
Whether the trial Court adequately considered the evidence advanced to support the claim and defence of both sides.
C
Whether the Plaintiff (Respondent) proved his case and W3s entitled to judgment after proper evaluation of evidence of both parties.

The Court below in its judgment delivered on the 29th November, 2001 considered only the first issue i.e. issue (a) formulated by the 2nd Defendant at the trial court Appellant before the Court below i.e. "Whether the trial Court was not in breach of the rule of fair hearing by not giving opportunity to counsel to sum up the case of the 2nd defendant and comment thereon before Judgment.''

This the Court below considered sufficient to dispose of the Appeal. The 2nd and 3rd Issues were not considered by the Court below. The Court below allowed the appeal, set aside the judgment of the trial court and ordered that the case be remitted to the Umuahia Judicial Division to be tried de novo by another Judge with N5,000.00 costs against the present Appellant and in favour of the Respondent.

With leave of the Court below granted on the 28th February 2002", the Appellant filed its Notice of Appeal

Mpama Vs. FBN (2013) CLR 1(b) (SC)

Judgement delivered on January 25th 2013

Brief

Facts

Issues