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MAGNA MARITIME SERVICES LIMITED V. S.A. OTEJU

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MAGNA MARITIME SERVICES LIMITED V. S.A. OTEJU

Legalpedia Citation: (2005) Legalpedia (SC) 04502

In the Supreme Court of Nigeria

Fri May 13, 2005

Suit Number: SC.80/2000

CORAM


SALIHU MODIBBO ALFA BELGORE JUSTICE,SUPREME COURT

UMARU ATU KALGO JUSTICE, SUPREME COURT

NIKI TOBI JUSTICE, SUPREME COURT

DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT


PARTIES


1. MAGNA MARITIME SERVICES LIMITED2. U.D.U. ETUK APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondent filed several applications and boycotted the court to delay proceedings without filing a defence despite the order of court that he should do so. The trial court then entered judgment for the appellant despite the existence of application for extension of time filed after judgment had been reserved.


HELD


The court held that there was no breach of fair hearing in the circumstances of the case.


ISSUES


Whether the Court below denied the plaintiff fair hearing by refusing to consider and make findings on the validly raised preliminary objection challenging the jurisdiction of the court in entertaining defendants’ appeal in any event.


RATIONES DECIDENDI


CASES CITED


1) U.A.C. Ltd V. Krekchi 13 WACA 2192) Ariori v Elemo (1983) 1 SC 13 at p.24; (1983) 1 SCN LR 1 at 24 (2003) 4 SCM 187;3) Rasaki A. Salu v Madam Towero Egebon (1994) 6 N.W.L.R. (Pt.308) 234) Kotoye v C.B.N. (1989) 1 N.W.L.R. (Pt. 98) 419 at 444, (2004) 9-12 SCM (Pt.2) 222;5) State v Onagoruwa (1992) 2 N.W.L.R. (Pt.221) 35 at 566) Kotoye v Nigerian Construction & Furniture Co. Ltd (1991) 6 N.W.L.R. (Pt.199) 501 at 541


STATUTES REFERRED TO


NONE


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