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AUGUSTUS A. NDUKABA V. CHIEF SILAS M. KOLOMO

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AUGUSTUS A. NDUKABA V. CHIEF SILAS M. KOLOMO

Legalpedia Citation: (2005) Legalpedia (SC) 18019

In the Supreme Court of Nigeria

Fri Jan 14, 2005

Suit Number: SC. 237/2000

CORAM


SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

NIKI TOBI, JSC (Lead Judgment), JUSTICE SUPREME COURT


PARTIES


AUGUSTUS A. NDUKABA(SUBSTITUTED BY LAZARUS I. NDUKABA) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Plaintiff/Appellant sued the Defendants/Respondents claiming inter alia for a declaration that the plaintiff is the person entitled to the control, management and enjoyment of the property known as Plot 138, Gborokiri (Borokiri) Layout (8 Etche Street) Port-Harcourt, a perpetual injunction. Judgment was entered against the plaintiff. The Court of Appeal affirmed same, hence this appeal.


HELD


Allowing the appeal


ISSUES


Whether the procedure whereby a substantial part of the defence up to judgment on the merits in the case was conducted in the absence of the plaintiff/appellant or counsel on his behalf, infringed the Rules of fair hearing.


RATIONES DECIDENDI


CASES CITED


1. Saliu V. Egeibon [1994] 6 NWLR (Pt. 348) 23 at 49 2. Sokefun V. Akinyemi [1980] 5-7 S.C.1.3. Otapo V. Sunmonu [1987] 2 NWLR (Pt. 58) 587 at 605,


STATUTES REFERRED TO


NONE


CLICK HERE TO READ FULL JUDGMENT

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