KOREDE V. ADEDOKUN
June 20, 2025AKIBU HASSAN VS. THE STATE
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 18110
In the Supreme Court of Nigeria
Fri Jul 13, 2001
Suit Number: SC. 123/1996
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT.
PARTIES
1. ADEBAYO OGUNDOYIN 2. SAKA IDOWU 3. MOSES ONI. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent/Plaintiff sued in a representative capacity for a declaration that he is entitled to Statutory Certificate of Occupancy in respect of a Piece of land situate, lying and being at Aje farm land in Odo-Otia Local Government Area of Oyo State.
HELD
The decision of the Court of Appeal was set aside and the appeal re-instated for re-hearing, the Appellant having not been heard in the prosecution of their appeal, thereby Constituting a breach of fair hearing.?
ISSUES
1. Whether the Court of Appeal had judicially, judiciously and properly exercised it direction in dismissing the defendants’ appeal having regard to all the circumstances of the case.2. Whether the Appellant had been given fair hearing by the Court of Appeal having regard to the non-appearance of the Appellants and their Counsel particularly when the record of the Court of Appeal did not show that the Appellant and their Counsel had been served with the hearing notice of the appeal.?
RATIONES DECIDENDI
DILIGENT PROSECUTION.
It is trite law that the Court does not normally punish a litigant for the mistake of his Counsel -Pen S.U. Onu J.S.C.
FAIR HEARING/HEARING NOTICE.
Each party to a dispute before a Court of law or any other tribunal must be given fair hearing not only to allow each to state his own case in court or before a tribunal but also to give each party notice of the date of hearing and place of hearing which is the principle of andi alterem pantem – per S.U. ONU J.S.C.
CASES CITED
Iroegbu v. Okwordu (1990) 6 NWLR (Part. 159) 643 at page 663DONATUS NDU V. THE STATE (1990) 7 NWLR (PT. 164) 550 AT 578?
STATUTES REFERRED TO
1. Court of Appeal (amendment) Rules 19842. Constitution of the Federal Republic of Nigeria, 1979?
