LEGAL NUGGETS (48): Appeal, Court, Fair Hearing, Judgment And Order, Law Of Evidence, Practice And Procedure.By Adedotun Habeeb Adetunji LL.M (M.IoD), FCAI.

CHRISTOPHER OKOYE & ANOR v. MARKUS ELISHA MBAYA Suit no: CA/YL/150/2017
                                                           
Areas Of Law: 

Appeal, Court, Fair Hearing, Judgment And Order, Law Of Evidence, Practice And Procedure

Summary Of Fact:
This appeal originated from the Adamawa State Upper Area Court wherein the Respondent as Plaintiff before the trial Upper Area Court sued the 1st Appellant. On 6/11/2013, the Plaintiff/ Respondent through his Counsel C. K. Atiman Esq., applied orally to join the 2nd Appellant, which application was granted. Two witnesses PW1 and PW2 testified for the Plaintiff/ Respondent. The Defendants/Appellants did not present any witness. The trial Court entered judgment in favour of the Respondent. Dissatisfied with the decision, the Appellants appealed to the lower Court. The lower Court delivered its judgment in favour of the Respondent. Miffed with the judgment, the Appellants have appealed to this Court by leave.                                   

HELD:

Appeal Dismissed.

ISSUE FOR DETERMINATION:

Ø  Whether the Lower Court sitting on appeal was right when considering the provision of Section 12(a) of the Area Court Law of Adamawa State it held that the trial Upper Area Court had the jurisdiction to determine the Suit before it having regard to the status of the 2nd Appellant, a non natural person under the law?

Ø  Whether the lower Court sitting on appeal was right when it held that the subsequent proceedings of the trial Upper Area Court conducted without notice to the Appellants were not in breach of the Appellants right to fair hearing under Section 36 of the Constitution of Nigeria.

Ø  Whether the lower Court was right when it dismissed the Appellants Issue four submitted before it while holding that the Respondent proved his case before the trial Area Court despite the material contradictions in the evidence of the two witnesses?

RATIONES

RIGHT TO FAIR HEARING – WHETHER A PARTY WHO FAILED TO UTILIZE THE RIGHT TO PRESENT HIS CASE CAN COMPLAIN OF A DENIAL OF FAIR HEARING

"On the issue of denying the Appellants their Constitutional right to enter their defence, it is trite that a Court should give parties reasonable time to present their case before it. If the Court affords parties the opportunity to present their case before it, any party that fails to utilize such opportunity cannot complain of lack of hearing." PER A. M. BAYERO, J.C.A.

RIGHT TO FAIR HEARING – WHETHER THE COURT CAN BE FAULTED WHERE A PARTY FAILED TO AVAIL ITSELF OF THE ENABLING ENVIRONMENT OF FAIR HEARING CREATED BY THE COURT

"In the case of Umaru V. Tunga (2012) ALL FWLR (PART 607) 726 at 740 it was held that:-

‘Where a Court created the enabling environment for fair hearing to all and a party did not take advantage of the environment, the fault is his and not that of the Court."

-          PER A. M. BAYERO, J.C.

DELIVERY OF JUDGMENT – WHETHER A JUDGMENT MAY BE NULLIFIED ON THE GROUND THAT IT WAS DELIVERED EARLIER THAN THE SCHEDULED DATE WITHOUT NOTICE TO THE APPELLANT

"In the case of Cotecna International Ltd. V. Church Gate (Nig.) Ltd. (2011) ALL FWLR (PT. 575) 261 AT 262, the Supreme Court held:

‘It would appear to me and I am of the view that the delivery of judgment earlier than scheduled date without notice to the Appellant will not nullify the judgment unless the Appellant show that it has resulted in a miscarriage of justice."

-          PER A. M. BAYERO, J.C.A.

DELIVERY OF JUDGMENT – ATTITUDE OF PARTIES AND/OR COUNSEL DURING DELIVERY OF JUDGMENT

"Furthermore, in the case of Veritas Insurance Company Ltd. V. Citi Trust Investment Ltd. (1993) 3 NWLR (PT. 281) 363 this Court held:

‘Parties and or their counsel sit in Court and listen to the judgment being delivered. They do not play any role beyond listening and at times taking down random notes in the course of the delivery of the judgment. Some do not take notes, they just listen and leave Court at the end of the judgment with the usual clich as the Court pleases even when the pleasure of the Court is not the pleasure of the party who lost the case. Perhaps the position should have been different if the matter was at the stage of physically taking evidence or at the point of address."-          PER A. M. BAYERO, J.C.A.
 https://legalpediaresources.com/node/87513

CONTRADICTORY EVIDENCE – CIRCUMSTANCES WHEN THE JUDGMENT OF A COURT WOULD BE REVERSED ON APPEAL ON ACCOUNT OF CONTRADICTIONS IN THE EVIDENCE OF WITNESSES

"It is trite that contradictions in the evidence of witnesses may not necessarily be fatal to a case especially when they are minor, and the judgment of a trial Court will not be reversed on appeal because there were contradictions in the evidence of witnesses, it must also be shown that the Court did not advert its mind to those contradictions. See Taiwo V. Ogundele (2012) ALL FWLR (PT. 639) 1033 at 1048 PARAS. F-G." PER A. M. BAYERO, J.C.A