IDEHEN DANIEL E. VS DAVID EHIGIE OSEMWENKHAE
July 2, 2025MAJOR-GENERAL ZAMANI LEKWOT (RTD) & ORS VS JUDICIAL TRIBUNAL ON CIVIL AND COMMUNAL DISTURBANCES IN KADUNA STATE
July 2, 2025Legalpedia Citation: (1997) Legalpedia (SC) 71111
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 17, 1997
Suit Number: SC.186/1989
CORAM
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
U. MOHAMMED
A.I. IGUH
PARTIES
GODWIN EKIYOREDWARD EKIYOR APPELLANTS
CHIEF FRUKAMA BOMOR (Carrying on business as F.B. Deigha & Sons) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
LANDLAW, TRESSPASS, PRACTICE & PROCEDURE, ADJORNMENT , CONSTITUTION, FAIR HEARING
SUMMARY OF FACTS
The plaintiff/respondent in this appeal, had sued the defendants/appellants, claiming general damages for trespass, nuisance and injunction. .
HELD
The net result is that this appeal succeeds and it is allowed by me. I hereby set aside the decision of the court below dismissing the defendants’ appeal together with the order for costs made by it and remit the plaintiff’s motion to the Benin Division of the court below to be heard and determined by another panel of that court.
ISSUES
What is the meaning of “fair hearing?
RATIONES DECIDENDI
FAIR HEARING VERSUS FAIR TRIAL
It has been suggested that a fair hearing does not mean a fair trial. We think a fair hearing must involve a fair trial, and a fair trial of a case consists of the whole hearing. We therefore see no difference between the two. The true test of a fair hearing, it was suggested by counsel, is the impression of a reasonable person who was present at the trial whether, from his observation, justice has been done in the case. We feel obliged to agree with this.
FUNDAMENTAL PRINCIPLE OF THE ADMINISTRATION OF NATURAL JUSTICE
It is a fundamental principle of the administration of natural justice that a party and his witnesses should be heard before the case against him is determined.
CASES CITED
Mohammed v. Kano Native Authority (1968) 1 All NLR 424, 428-429: (1968) ANLR 411, 413Onajobi & Anor. v. Bello Olanipekun & Ors. (1985) 4 SC. (Pt.2) 156 at 163.
STATUTES REFERRED TO
1979 constitution of the federal republic of NigeSWria|
