Hon. Francis O. Ani & 91 Ors V. The Governor Of Enugu State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decisions of the lower Court Coram Hon. Justice P. C. Akubuilo (retired) which are decisions made on the 4th of May 2009; 19th of January 2012 and 23rd of January 2012 respectively.

FACTS:

From the briefs of both parties, it is apparent that the Appellant is appealing the decisions and/or orders made on the 4th of May 2009, 19th of January 2012 and 23rd of January 2012, in the course of the hearing of this case.

The Appellants grouse is that this case was filed in 2006 in Suit No. E/770/2006. The parties concluded their cases on the 8th of December 2011. The Court decided to adjourn the matter for Judgment on 16th January 2012, and indeed it told the parties that he was retiring at the end of January 2012.

However when the case came up on the 16th of January 2012, it further adjourned the matter to the 23rd of January 2012, 26th of January 2012 and 27th of January 2012 respectively. And on the 27th of January the Court failed to read the Judgment to the detriment of the Appellants.

?This, they claimed, occasioned miscarriage of

1

Justice to the Appellants. That the trial Court would have delivered its judgment even without the addresses of counsel being adopted.

The Appellants is dissatisfied with this development and has appealed same.

They filed a Notice of Appeal on the 13th of February 2013 encapsulating three Grounds of Appeal which are –

GROUND (1)

The learned trial Judge erred in law when he failed to give Judgment in favour of Plaintiffs against defendants/respondents 3-14.

GROUND (2)