OKECHUKWU MBONU V. BARR. (MRS.) MARCEILINA WAKAMA

CORAM

CHIMA CENTUS NWEZE

PARTIES

OKECHUKWU MBON

APPELLANTS

BARR. (MRS.) MARCEILINA WAKAMA

RESPONDENTS

AREA(S) OF LAW

APPEAL, COURT, JURISDICTION, CONSTITUTIONAL LAW, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

On 8-2-2010, the appellant herein commenced Appeal No. CA/PH/494/2010 in the Court of Appeal sitting at Port-Harcourt against the judgment of the High Court of Rivers State delivered on 2-2-2010 in Suit No. PHC/1980/2005 holding that the plaintiff proved her case and granting all the reliefs claimed for by the plaintiff and dismissing the defendant’s counter-claim.

The record of this appeal show that on 26-11-2012, the Court of Appeal reserved its ruling on a motion for stay of execution “to a date to be verified” and adjourned the appeal for hearing to 6-5-2013. On 20-2-2013, the Court issued and caused to be served on the parties, a notice of hearing that indicated the said ruling would be rendered on 21-2-2013. On the said 21-2-2013, the Court of Appeal instead of delivering the said ruling on the application for stay of execution, delivered a final judgment deciding the appeal, holding that the appeal failed, dismissed it and affirmed the judgment of the trial Court.

Dissatisfied with the said judgment of the Court of Appeal, the appellant herein on 22-2-2013 filed a notice of appeal against the judgment, commencing this appeal.

HELD

Appeal allowed

ISSUES

1.Whether the dismissal of the appeal of the appellant by the Court below without any hearing of the appeal is a violation of the appellant’s right to fair hearing guaranteed by Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and therefore rendered the judgment of the Court below delivered on February 21, 2013 in Appeal No. CA/PH/494/2010 a complete nullity?

2.Whether the failure of the Court below to deliver a ruling on the appellant’s motion for stay of execution of the trial Court judgment after hearing the said motion on November 26, 2012 is a violation of the appellant’s right to fair hearing guaranteed by Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and therefore rendered the judgment of the Court below delivered on February 21, 2013 a complete nullity?