CORAM

PARTIES

MISIRI ALIMIOSENATU RAIMISHITTA RABIU(For themselves and on behalf of the Odunegbe family of Akasan)  APPELLANTS

ASANI KOSEBINU

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs/Appellants in a representative action sued the Defendants/Respondents as representatives of the Oduso Family of Akasan seeking for a declarative relief that the parcel of land delineated in Plans Nos. LA/127/CA/88 and LA/144/CA 88 drawn by in Ademola Ashipa belongs to the Plaintiff’s family, a sum of N5,000.00k being damages for trespass committed by the Defendants, and an injunction restraining the Defendants by themselves, their servants howsoever from further acts of trespass on the said land. At the close of both parties’ final addresses, the trial judge ordered a visit to the locus in quo where personal observations were made by judge. The trial Judge gave judgment in his Chambers due to power outage in the court room. The Defendants/Respondents not satisfied with the judgment of the Court appealed to the Court of Appeal where the decision of the trial court was set aside on the ground that a judge’s Chambers was outside the constitutional provision of a public place where the judgment could be delivered. The Plaintiffs/Appellants aggrieved with the decision of the lower court has appealed against same to the Supreme Court, whilst the Defendants/Respondents cross appealed.

HELD

Appeal Dismissed, Cross Appeal Struck Out

ISSUES

1. Whether the Court of Appeal was right to have set aside the judgment of the lower court delivered in chambers in violation of section 36 (3) of the Constitution of the Federal Republic of Nigeria, 1999.Cross Appeal ?

2. Whether aside of its delivery in chambers the judgment of the trial court is otherwise valid?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of The Federal Republic of Nigeria1999 (as amended)

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