Mrs. Stella Okafor V. The Administrator General & Public Trustee, Anambra State & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

BADA, J.C.A.

This is an appeal from the decision of Honourable Justice G. U. Ononiba the then Chief Judge of the Anambra State High Court, delivered on the 7th day of February, 2002.

The suit was commenced at the lower court by originating motion in which the 1st respondent in this court asked for the following orders:

“(1) An order of court revoking the letters of administration granted to the applicant in respect of the Estate of Addison J. E. Okafor (Deceased).

(2) An order directing the respondents to offset the debts owed to the applicant including the administration fees.”

According to the record of proceedings, this action came up for the first time on 24/7/2001 before the trial court. The motion was then adjourned at the instance of appellant’s counsel. It came up again on 15/11/2001 and appellant’s counsel also wrote a letter for adjournment. And on 21/1/2002 when the motion came up for hearing it was not heard and it was adjourned till 7/2/2002. Finally on 7/2/2002 when the motion came up for hearing, counsel for the appellant wrote a letter for adjournment on the ground that he was otherwise engaged at the Court of Appeal Calabar Division for a criminal appeal.

According to the record of proceedings of 7/2/2002, the learned trial Judge proceeded to revoke the letters of administration without giving the appellant the opportunity of being heard, nothing was recorded about letter of adjournment written on behalf of appellant by her counsel.

The appellant was dissatisfied with the decision of the trial court and she appealed to this Court. Briefs were duly filed and exchanged.

The appellant formulated two issues for determination:

“(i) Whether it was proper in law for the learned trial Judge to deliver the decision dated the 7/2/2002 without giving the respondent/appellant opportunity of being heard.

(ii) Whether it was proper for the learned trial Judge to deliver the decision dated 7/2/2002 without taking into consideration a subsisting interlocutory injunction affecting the estate which is the subject matter of this appeal.”

The learned counsel for the 1st respondent also formulated two issues for determination as follows:

“(1) Whether having regards to the circumstances of the entire case, the decision made by the learned trial Judge on 7/2/2002, occasioned a miscarriage of Justice on the appellant.

(2) Whether it was proper for the learned trial Judge to deliver the decision dated 7/2/2002 after taking into consideration a subsisting interlocutory injunction affecting the estate which is the subject of this appeal.”