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CaseLaw

Orugbo V. Una (2002) CLR 9(a) (SC)

Judgement delivered on September 20th 2002

Brief

  • Record of appeal
  • Authorities cited by parties
  • Customary courts
  • Evidence of bias)
  • Fair hearing
  • Plea in civil cases
  • Visit to locus in quo

Facts

This case has passed through four Courts: Koko District Customary Court, Warri Area Customary Court, Customary Court of Appeal, Asaba and the Court of Appeal, Benin Division. This is the fifth Court.

The Plaintiffs, who are now the Appellants in this Court, in their Amended Claim, sought against the Defendants/Respondents jointly and severally for (1) a declaration of title of ownership of Olumagada, Utonugboro, Ukpamaje and Abarumeji Villages in Ureju Town, (2) N100.00 general damages for trespass on the Ukpamaje land, and (3) perpetual injunction restraining the Defendants, their servants and or agents from further acts of trespass upon the Plaintiffs' land.

The Koko District Customary Court gave judgment for the Appellants. The Warri Area Customary Court, in a majority decision, dismissed the appeal from the Koko District Customary Court. In other words, that Court affirmed the decision of the Koko District Customary Court. The Customary Court of Appeal, Asaba allowed the appeal of the Appellants/Defendants in that Court, thereby reversing the decisions of both the Koko District Customary Court and the Warri Area Customary Court. That Court ordered a trial de novo by the Warri Area Customary Court.

The Court of Appeal dismissed the appeal from the Customary Court of Appeal, Asaba. Akpabio, JCA, coram Nsofor and Ige JJCA, held that the Respondents were denied fair hearing at the Koko District Customary Court. Akpabio, JCA said at page 203 of the Record"

  • "From all that have been said above, there can be no doubt that the Defendants/Respondents did not receive a fair trial at the Koko District Customary Court. Not only was the trial Court not constituted in such a way as to ensure its impartiality as required under Section 33(1) of our Constitution of 1979, there were several breaches of the rules of natural justice of audi alteram partem, nemo judex etc. In view of the foregoing, I am of the firm view that the Customary Court of Appeal was right in setting aside the judgment of the trial Court on ground of unfair hearing and ordering a trial de novo before the Warri Area Customary Court.

    • Dissatisfied with the judgment of the Court below, the Appellants appealed to the Supreme Court

Issues

  • 1
    Whether the Respondents were given a fair hearing at the trial...

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