ALHAJI TIJJANI SALEH VS. HAJJA KORE KOLO LAWAN
February 28, 2025MRS. TAIWO TIJANI V MR. AGBOWORIN OLADITI
February 28, 2025Legalpedia Citation: (2024-O7) Legalpedia 35773 (CA)
In the Court of Appeal
GOMBE
Thu Jul 18, 2024
Suit Number: CA/G/199/2022
CORAM
HON. JUSTICE A. A. B. GUMEL , JUSTICE, COURT OF APPEAL
HON. JUSTICE U. A. OGAKWU . JUSTICE, COURT OF APPEAL
HON. JUSTICE M. DANJUMA. JUSTICE, COURT OF APPEAL
PARTIES
1. BABA UMARU ALKALI
2.KONTI SAB ASSOCIATES
APPELLANTS
BARR. LAWAN ABBA NGURU
RESPONDENTS
AREA(S) OF LAW
CONSTITUTIONAL LAW, CIVIL PROCEDURE, CONTRACT LAW, EVIDENCE LAW, FAIR HEARING, PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The Plaintiff/Respondent hired the 1st Defendant/Appellant to construct a three-bedroom bungalow in Nguru, Yobe State, at an estimated cost of N13,783,960.00. The Respondent initially paid N6,000,000.00 and subsequently an additional N5,000,000.00 to start the project. The Appellant contended that N1,000,000.00 from the second payment was a personal loan. The Respondent alleged that the funds were not fully used for the project and sought special and general damages, along with costs. The lower court dismissed the Appellants’ counter-claim and ruled in favor of the Respondent. The Appellants then appealed the judgment.
HELD
1. The appeal was dismissed.
2. The decision of the lower court in Suit No: YBSJ/DT/HC/02CV/2016 delivered by Justice I. W. Jauro on 9th February, 2021 was affirmed.
3. Costs of N100,000.00 was awarded against the Appellants.
ISSUES
1. Whether the Appellants were denied right to fair hearing when the counter-claims were struck out by the lower court?
2. Whether the trial court properly evaluated the evidence of the parties before arriving at its decision?
RATIONES DECIDENDI
FAIR HEARING – NATURE AND SUBSTANCE OF THE RIGHT:
“The rule of fair hearing is not a technical doctrine. It is one of substance. It is whether a party is entitled to be heard before a decision is taken.”- Per Mohammed Danjuma, JCA
FILING FEES – EFFECT ON COURT’S JURISDICTION:
“It is very important to note that the jurisdiction of the court to hear and determine any matter is invoked by the filing of the appropriate process in the registry of the court. By ‘filing’ a process, it is meant that the litigant must pay the appropriate filing fees as assessed by the designated registrar of the court concerned.” – Per Mohammed Danjuma, JCA
COUNTER-CLAIM – NATURE AND REQUIREMENTS:
“A counter-claim is a different action from that on which the main claim is predicated, which translates to two separate actions for which there must be two distinct judgments. These judgments can occur in the same process or suit, or on another date and process.” – Per Mohammed Danjuma, JCA
EVALUATION OF EVIDENCE – PROPER APPROACH:
“Evaluation of evidence, when properly carried out, involves the forensic diagnosis of the facts marshaled in the case and a thorough mastery and application of the applicable law. It is a judicial act that aims to distinctly synthesize all the particulars elicited by the parties and presented to the court or tribunal of justice for a decision.” – Per Mohammed Danjuma, JCA
TRIAL COURT’S ROLE IN EVIDENCE EVALUATION:
“Evaluation of evidence is primarily the duty of trial courts, which oversee the reception of the evidence in question. Regarding the testimonies of witnesses, the trial court has the sole privilege of observing the witnesses as they testify, assessing their demeanor and countenance before proceeding to make findings.” – Per Mohammed Danjuma, JCA
METHOD OF EVIDENCE EVALUATION:
“There is no set pattern or fixed method for the evaluation of evidence by a trial court. All that is required of the trial court is that it must consider the totality of the evidence presented by either side, having regard to the weight of the evidence before it.” – Per Mohammed Danjuma, JCA
FAIR HEARING – ELEMENT OF JUSTICE:
“Every adjudication has its foundation in fair hearing, and a trial without fair hearing is no trial at all, for it is the fairness of the trial that qualifies it as a proper trial.” – Per Mohammed Danjuma, JCA
FILING FEES – IMPORTANCE TO JURISDICTION:
“When a process is not duly filed before the court, it does not, in the eyes of the law, exist and, as such, cannot invoke the jurisdiction of the court. This is not a matter of procedural jurisdiction but rather of substantive jurisdiction.” – Per Mohammed Danjuma, JCA
FAIR HEARING – RELATIONSHIP WITH NATURAL JUSTICE:
“The right to fair hearing under the constitution is synonymous with the common law rules of natural justice. Fairness is the determining factor of natural justice and is essential for the application of its principles.” – Per Mohammed Danjuma, JCA
EXPLOITATION OF FAIR HEARING PRINCIPLE:
“A litigant, such as the Appellant in this appeal, cannot be allowed to exploit the constitutional provision of fair hearing to bamboozle the adverse party and the court, with a view to diverting the court away from the live issues in the litigation.” – Per Mohammed Danjuma, JCA
APPELLATE COURT’S POWER OF EVALUATION:
“Where a court fails to perform its duty of evaluating evidence or improperly performs this duty, this court can, in the exercise of its powers under Section 15 of the Court of Appeal Act, carry out a proper evaluation of the evidence and enter an appropriate judgment.” – Per Mohammed Danjuma, JCA
COUNTER-CLAIM – PROPER ASSESSMENT:
“The assessment and payment made by the Appellants were regarding the statement of defense submitted by the Appellants. However, the assessment was only on the front page of the statement of defense, and there was no assessment on the front page of the purported counter-claim.” – Per Mohammed Danjuma, JCA
BREACH OF FAIR HEARING – EFFECT:
“A breach of fair hearing in trial or adjudication vitiates the proceedings, rendering them null and void and of no effect.” – Per Mohammed Danjuma, JCA
CASES CITED
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria, 1999 (as amended)
3. High Court Civil Procedure Rules of Yobe State
