ADEBAYO ADEYEMI V. THE STATE
July 9, 2025ADENUGBA ADESINA & ORS VS MADAM TAWA KOLA & ORS
July 9, 2025Legalpedia Citation: (1993) Legalpedia (SC) 16311
In the Supreme Court of Nigeria
Fri Jul 9, 1993
Suit Number: SC. 94/1989
CORAM
S. KAWU – JUSTICE, SUPREME COURT
S.M.A. BELGORE – JUSTICE, SUPREME COURT
O. OLATAWURA – JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
PARTIES
ALHAJI YUSUF DAN HAUSA & CO. LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent’s claim was struck out for lack of appearance and the appellant’s counter- claim adjourned for hearing. The respondent was not given notice of the hearing of the counter- claim.
HELD
The court held that there was a breach of fair hearing and that the proceedings were a nullity.
ISSUES
Was the Court of Appeal right to declare the judgment of the learned trial judge a nullity on the ground that the respondents had no notice of the trial of the Counter-Claim.
RATIONES DECIDENDI
CASES CITED
Skenconsult (Nig.) Ltd. & ors. v. Ukey (1981) 1 SC. 6 and Craig v. Kannsen (1943) KB. 256 at 263-264
STATUTES REFERRED TO
The Sokoto State High Court (Civil Procedure) RulesThe Constitution of the Federal Republic of Nigeria 1979
