CORAM

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SALIHU MODIBBO ALFA BELGORE , JUSTICE, SUPREME COURT

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PARTIES

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ATTORNEY-GENERAL OF RIVERS STATECLEMENT NWARA APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The dispute was commenced by the appellant/plaintiff, the Attorney-General of Rivers State on behalf of the Rivers State Government claiming possessions, rents and mesne profits against the defendants/respondents, as the occupants of the property whose lease granted to the 1st defendant. The 1st defendant had earlier given the 2nd defendant Power of Attorney over the management of the property and the 2nd defendant put the 3rd to the 13th defendants as tenants occupying the building erected. The respondents resisted the appellant’s claims. Pleadings were filed and the 2nd defendant filed a counter-claim in which he claimed a declaration that the 2nd defendant was entitled to have the lease of the property renewed in his name for at least 99 years, an Order that lease be renewed in the name of the counter-claimant. In the alternative, the counter-claimant claimed the sum of N20,000,000.00 [twenty million Naira] as compensation for the buildings before possession was taken by the plaintiff. The plaintiff filed statement of Defense to the Counter-Claim. The parties amended their pleadings. The matter proceeded to trial before the High Court and judgment was given in favor of the plaintiff. The defendants felt aggrieved and appealed to the Court of Appeal. The Court of Appeal dismissed their appeal on 3 out of 4 issues filed and allowed the appeal on the 4th issue. Thus, the judgment of the trial court was set aside. The plaintiffs felt aggrieved by the decision and appealed to the Supreme Court.

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HELD

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The appeal was allowed, the judgment and order of the Court of Appeal was set aside and in its place, the decision of the trial court was restored.

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ISSUES

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Was the Court of Appeal right in declining to decide that the claim of the plaintiff was not statute barred?Did the lower court err in law in interfering with the learned trial judge’s exercise of discretion in the conduct and determination of the instant case, when such exercise of discretion was not found to be perverse?Whether the Court of Appeal erred in remitting this suit to the trial court for a retrial after it held that the plaintiff/respondent has proved its case in the court below.

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RATIONES DECIDENDI

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THE DUTY OF THE COURT

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“The duty of the court is to provide a level ground and give everybody an environment within which to ventilate its claims and defense.” Per DAHIRU MUSDPHER, JSC

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FAIRNESS AS A DETERMINING FACTOR

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“Fairness is the determining factor for the application of principles of natural justice. In other words, natural justice is fair play in an action.” Per DAHIRU MUSDPHER, JSC

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EQUITY AIDS THE VIGILANT NOT THE INDOLENT

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“It is elementary law that the rules or principles of equity help only the vigilant and they do not assist an indolent party who fails to pursue his right diligently and within a reasonable time.” Per DAHIRU MUSDPHER, JSC

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THE DUTY OF THE COURT CONCERNING ADJOURNMENT

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“Where a court adjourns a case beyond a date when the litigants have notice of the hearing of the case, the court has a duty to notify the parties of the subsequent adjournment Whenever the court adjourns a matter for want of service, the adjourned date should be endorsed on the process and fresh service attempted unless it be shown that hearing notice and the service thereof has been effected before the adjournment.” Per DAHIRU MUSDPHER, JSC

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THE RIGHT TO FAIR HEARING

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“The right to fair hearing is a fundamental Constitutional right guaranteed by the Constitution of the Federal Republic of Nigeria 1960,1979, and 1999, and a breach of it in trials or adjudications vitiates the proceedings rendering the same null and void and of no effect. Any judgment which is given without due compliance and which has breached fundamental right of fair hearing is a nullity and is capable of being set aside either by the court that gave it or by an appellate court.” Per DAHIRU MUSDPHER, JSC

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WHAT IS AN APPEAL?

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“An appeal is a complaint against a decision and is not a license or an excuse to raise all kinds of issues that have no relevance to the issue or issues upon which the decision complained against was based.” Per DAHIRU MUSDPHER, JSC

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CASES CITED

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Governor, Imo State V. Nwauwa [1997] 2 NWLR (Pt 490) 675Bamgboye V. University of Ilorin[1999] 10 NWLR (Pt. 622) 290Deduwa V. Okorodudu [1976] 9 – 10 SC 392Amadi V. Aplin [1972] 4 SC. 228; Sadau V. Kadir [1956] 1 FSC 39 – 41Madukolum V. Nkemdilim [1962] 2 SC NLR 31

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STATUTES REFERRED TO

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