May 16, 2025
Legalpedia Citation: (2013) Legalpedia (SC) 14172 In the Supreme Court of Nigeria Fri Jan 25, 2013 Suit Number: SC.204/2003 CORAM PARTIES EMMANUEL IKEAJA MPAMA APPELLANTS RESPONDENTS AREA(S) OF […]
CORAM
PARTIES
EMMANUEL IKEAJA MPAMA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an appeal against the decision of the Court of Appeal which ordered retrial on the ground that the trial court violated the rule of Fair hearing in the sense that the present respondent was not given the opportunity to sum up or address the court before Judgement was delivered and whether the Court of Appeal could deliverer its Judgement without considering all the issues.
HELD
Appeal dismissed, Judgement of Court of Appeal affirmed.
ISSUES
Whether the Court of Appeal was right when it considered only one issue out of the three issues raised for determination on Appeal and in ordering a retrial de novo
RATIONES DECIDENDI
FAIR HEARING – SUMMATION OF CASE BY COUNSEL
“The need for counsel to sum up his case and address court cannot be over-emphasized. For one it is of immense value of the judge in his appreciation of facts and summing up evidence before him” Per Stanley Shenko Alagoa, JSC
CASES CITED
Mogaji V Odofin (1978) 4 SC 91 at Pg 94Alhaji Abdullahi Baba V Nigerian Civil Aviation & Anor. (1991) 5 NWLR (Part 192) 388Polycarp Ojogbue & Anor V Ajie Nnubai & 4 Ors (1972) 1 All Nlr (Part 2) 226.
STATUTES REFERRED TO
Section 36 (1) Constitution 1999Imo State Rules of Court
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