WEST AFRICAN EXAMINATION COUNCIL V OMODOLAPO YEMISI ADEYANJU
May 30, 2025PROF. AJIBAYO AKINKUGBE V EWULUM HOLDINGS NIGERIA LTD & ANOR
May 30, 2025OGLI OKO MEMORIAL FARMS LIMITED & ANOR V NIGERIAN AGRICULTURAL AND CO-OPERATIVE BANK LIMITED
Legalpedia Citation: (2008) Legalpedia (SC) 41311
In the Supreme Court of Nigeria
Fri Apr 11, 2008
Suit Number: SC. 249/2001
CORAM
NIKI TOBI, JUSTICE ,SUPREME COURT
PARTIES
1. OGLI OKO MEMORIAL FARMS LIMITED2. CHIEF ADEJO OGIRI. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court granted the respondents’ counter claim after counsel to the respondent withdrew his appearance for the appellant. There was nothing in the records to show that the motion to file the defence and counter claim was moved and granted.
HELD
The court allowed the appeal and held that the appellant’s right to fair hearing was breached.
ISSUES
1. Were the learned Justices of the Court of Appeal in their majority decision, right in their view that the judgment in respect of the counter claim is valid in law?2. Were the learned Justices of the Court of Appeal in the majority decision, right in their view that the appellants’ right to fair hearing was not breached in the circumstances of this case?
RATIONES DECIDENDI
THE FUNDAMENTAL NATURE OF THE PRINCIPLES OF FAIR HEARING TO ALL COURT PROCEEDINGS
The principle of fair hearing is fundamental to all court procedure and proceedings. Like jurisdiction, the right to fair hearing is both fundamental and a constitutional right of every party to a dispute who is to be afforded an opportunity to present his case to the- Akintan J.S.C
AN APPELLATE COURT CAN ONLY ACT ON THE RECORDS OF PROCEEDINGS UNLESS IMPEACHED
Any person who is contending that the record of proceedings before an appellate court is not a fair record of what happened at the court of first instance must first formally impeach the record of proceedings. Where the record of proceedings is not formally impeached, it is not open to the appellate court to speculate that other things happened in the trial court which were not recorded in the record of proceedings- ONNOGHEN J.S.C
CASES CITED
1. Ekpeto v. Wanogho (2004) 18 NWLR (Pt. 905) 394, (2004) 9-12 (Pt 2) SCM 36;2. Salu v. Egeibon (1994) 6 NWLR (Pt. 348) 23;3. Ceekay Traders v. G.M. Co. Ltd. (1992) 2 NWLR (Pt. 222) 132;4. Isiyaku Mohammed v. Kano N. A. (1968) 1 All NLR 424;5. U.B.A Ltd. v. Achoru (1990) 6 NWLR (Pt. 156) 254
STATUTES REFERRED TO
NONE
