Legalpedia Citation: (2014) Legalpedia (CA) 11180
In the Court of Appeal
Fri Jun 27, 2014
Suit Number: CA/L/362/09
CORAM
PARTIES
MR. ANTHONY MADUBUGWU APPELLANTS
1. COMMISSIONER OF POLICE, LAGOS STATE2. NIGERIA CUSTOMS SERVICE (ZONE “A” HEADQUARTERS IKEJA LAGOS RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the ruling of the Federal High Court Lagos Division wherein he struck out the Applicant’s Fundamental Human Rights application for non service of the motion on notice in respect of the said application. Dissatisfied, the Appellant has appealed.
HELD
Appeal allowed.
ISSUES
1. Whether Order 2 Rule 4 of the Fundamental Human Right Enforcement Procedure Rules 1979 is applicable in the instant case where times for service of the notice of motion as ordered by the honourable court have expired and there is a pending motion for extension of time to serve the notice of motion before the court.?
2. Whether the learned trial judge was right to raise the issue of service under Order 2 Rule 1(4) of the Fundamental Human Right Enforcement Procedure Rules 1979 and ordering counsel for the applicant and the 3rd & 4th defendants to address him on the issue when what was before him for determination was a motion exparte for extension of time to serve the notice of motion on the respondents.?
3. Whether or not the court can continue to entertain on its list an application for extension of time how so ever after the fourteen days time limit validity of the order for leave to enforce fundamental rights pursuant to Order 1 of the Rules had lapsed in view of the provisions of Order 2 Rule 2 of Fundamental Rights (Enforcement Procedure) Rules.?
RATIONES DECIDENDI
ADMINISTRATION OF JUSTICE – PRINCIPLES OF ADMINISTRATION OF JUSTICE
“One of the cardinal principles of administration of justice is to let a party know the fate of his application whether properly or improperly before the court. PER TUKUR JCA
RIGHT TO FAIR HEARING- EFFECT OF A DENIAL OF THE RIGHT TO FAIR HEARING
“The effect of denial of the right to fair hearing is that the entire proceedings and any judgment or order in respect thereof is a nullity”. PER TUKUR JCA
EXPARTE APPLICATIONS – NATURE OF EXPARTE APPLICATIONS
“Exparte applications by their nature are taken in the absence of the opposing party”. PER TUKUR JCA
PENDING APPLICATIONS – DUTY OF THE COURT TO DISPOSE ALL PENDING APPLICATIONS BEFORE A FINAL DETERMINATION OF THE CASE
“Courts inclusive of the lower court must dispose of all pending applications before them before a final determination of matters before them are made”. PER TUKUR JCA
RULES OF COURT- PURPOSE OF RULES OF COURT
“It is trite that Rules of Court are meant to aid the attainment of justice and the interest of justice will take a prominent place over Rules. Rules are generally meant to regulate matters and assist the court in the determination of cases and for a quicker resolution”. PER NIMPAR JCA
CASES CITED
STATUTES REFERRED TO
Fundamental Right (Enforcement Procedure) Rules 1979