CORAM

S.M.A. BELGORE JUSTICE, SUPREME COURT

M.E. OGUNDARE JUSTICE, SUPREME COURT

U. MOHAMMED JUSTICE, SUPREME COURT

PARTIES

NIGERIA-ARAB BANK LIMITED APPLICANT(S)

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant/defendant was sued by the respondent/plaintiff for negligence. The trial was conducted in open court and adjourned for judgment. On the day of judgment, the Judge gave judgment in favour of the respondent/plaintiff in chambers. The Court of Appeal dismissed the appeal, being dissatisfied with that ruling the appellant appealed to this Court.

HELD

On this issue alone of giving judgment not in public as demanded in section 33(3) under Fundamental Rights in Chapter IV of 1979 Constitution, but in chambers, the judgment is a nullity and vitiates the entire proceedings. I therefore allow this appeal and order a retrial before another Judge of Lagos State High Court. I award N1,000.00 as costs in this court, N500.00 as costs in the Court of Appeal and costs awarded in the trial court it already paid to be refunded to the appellant and an equal sum is awarded as costs in that court to the appellant against the respondent.

ISSUES

Whether or not the Court of Appeal was right in holding that the judgment of the Lagos High Court delivered in chambers in this suit on 29/8/91 did not in anyway vitiate or invalidate the said judgment vis-à-vis the case, of Oyeyipo v. Oyinloye (1987) I NWLR (Pt.50) 356 at p. 377 and Oviasa v. Oviasa (1973) NSCC (Vol. 8) 502.”

RATIONES DECIDENDI

CASES CITED

Oviasu v. Oviasu (1973) 11 S.C. 315Oyeyipo v. Oyinloye (1987) 1 NWLR (Pt.50) 356, 357Lakanmi v. A.-G.. Western Region (1974) 4 ECSCR 713: (1977) 1 UILR (Pt.2) 201Governor of Ondo State v. Adewumi (1985) 3 NWLR (Pt. 13) 493.

STATUTES REFERRED TO

Decree No. 28 of 1970 Decree No. 13 of 1984Constitution of the Federal Republic of Nigeria 1979The Supreme Court Rules 1985

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