B. E. O. O. INDUSTRIES (NIG) LTD VS MRS S. B. MADUAKOH & ANOR
August 8, 2025CHIEF OKIRINTA UGBALA & ORS VS AWO OKORIE & ORS
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 11139
In the Supreme Court of Nigeria
Fri Dec 5, 1975
Suit Number: SC. 95/1974
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
PARTIES
LAWRENCE SCOTT-EMUAKPOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant filed a Motion in the trial court seeking an order setting aside the judgment obtained against him in his absence and for extension of time to file his defence. The motion was heard and dismissed by the trial judge. The appellant then appealed to the Supreme Court.
HELD
The Supreme Court held that the absence of the appellant and his counsel from court on the hearing date was occasioned by the failure of the court to notify either.
ISSUES
Whether or not the appellant or his counsel was given notice of the date on which his Motion and that of the respondent were heard and determined by the court below in the absence of the appellant and in the absence of his counsel.
RATIONES DECIDENDI
EFFECT OF FAILURE TO GIVE NOTICE
“Where notice of any proceedings is required, failure to notify any party is a fundamental omission which entitles the party not served and against whom any order is made in his absence to have the order set aside on the ground that a condition precedent to the exercise of jurisdiction for the making of the order has not been fulfilled” Per BELLO, JSC
CASES CITED
Marion Obimonure v. Ojumoola Erinosho & Anor. (1966) 1 All NLR 250
STATUTES REFERRED TO
