NIYI AKINMOJU VS THE STATE
June 26, 2025IFEANYI CHUKWU (OSONDU) CO. LTD. V SOLEH BONEH (NIG.) LTD
June 26, 2025Legalpedia Citation: (2000) Legalpedia (SC) 04139
In the Supreme Court of Nigeria
Mon Mar 20, 2000
Suit Number: SC. 72/1994
CORAM
SALIHU MODIBBO A. BELGORE JUSTICE, SUPREME COURT
ANTHONY I. IGUH JUSTICE, SUPREME COURT
PARTIES
1. WEMA BANK (NIG) LTD2. MR. IGHODARO3. MRS. IGHODARO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In a appeal filed by the respondent against the decision of the trial court, the appeal was heard while the hearing notice served the appellant was on meant to hear application to set aside the appeal for hearing
HELD
The court allowed the appeal and held that failure to give the parties hearing notice for the appeal proper is a fundamental error and the proceedings was set aside
ISSUES
Whether the Court of Appeal was right in law in delivering its judgment on 24th February 1994 based on the hearing conducted on 18th January, 1994 without first hearing and determining the application dated 28th January,1994 filed by the appellants herein.Assuming but without conceding that the Court of Appeal was entitled to deliver its judgment as aforesaid, whether the court was right in setting aside the order made by the trial court and in granting an order for interlocutory injunction after holding that the appellants in the court below (1st and 2nd respondents herein) “had not provided the court with sufficient facts which were placed before the lower (trial) court.”
RATIONES DECIDENDI
FAILURE TO SERVE HEARING NOTICE
Failure to give notice of proceedings to an opposing party in a case where service of process is required is a fundamental omission which renders such proceedings void because the court has no jurisdiction to entertain it….MUHAMMED JSC
CASES CITED
1. Obimonure v. Erinosho (1966) 1 All NLR 250,2. Okafor and ors v. A.G. Anambra State and ors (1991) 6 NWLR (part. 200) 659
STATUTES REFERRED TO
NONE
