Compulaw - 1st Indigenous Digital Law Library

Brief

Denial of fair hearing
Right of fair hearing
Judgement of court
S.36(1) of 1999 Constitution

Facts

This appeal is another reminder of the old abandoned property conundrum from Rivers State. Augustus A. Ndukauba, now deceased commenced an action in 1988 against the Respondents in this appeal claiming for:

i.
A declaration that the Plaintiff is the person entitled to the control, management and enjoyment of the property known as Plot 138, Gborokiri (Borokiri) Layout (8 Etche Street) Port-Harcourt until the determination of the building lease in respect of the said plot.
ii.
A perpetual injunction restraining the Defendants, their servants and/or agents from interfering with Plaintiff's control, management and enjoyment of the said plot until the determination of the lease of the property.

In the course of proceedings before the Port-Harcourt High Court of Rivers State, the Plaintiff Augustus A. Ndukauba died and his son, the present Appellant was substituted for him. The parties later filed, and exchanged pleadings after which the case proceeded to hearing before Tabai J. (as he then was).

At the conclusion of hearing, the trial Court in its judgment on 21/6/93 dismissed the Appellant's suit on the ground that "he has not shown any interest or locus standi to sue.

Dissatisfied, the Appellant brought an appeal before the Court of Appeal, Port-Harcourt (Coram: Ogebe, Pats-Acholonu and Ikongbeh JJ.CA). The said Court, in a unanimous judgment affirmed the judgment of the trial Court and dismissed the appeal. The Appellant has brought a further appeal before the Supreme Court.

Ndukauba Vs. Kolomo (2005) CLR 1(i) (SC)

Judgement delivered on January 14th 2005

Brief

Facts

Issues