Chief Folayan Oluwadare & Anor V. Chief Adedeji Adenigba & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AHMAD OLAREWAJU BELGORE, J.C.A.(Delivering the Leading Judgment)

This appeal was brought against the decision of the Ekiti State High Court, Omuo-Ekiti Division, contained in the judgment of Hon. Justice A. Adesodun, delivered on the 27th day of March, 2014 in Suit No. HOM/9/2013.

The learned trial Judge granted the prayers of the claimants in an application to him to enter a default judgment against the Defendant for failure to enter defence in the substantive suit vide a writ of summons dated and filed on the 15th day of August, 2013 and statement of claim dated and filed on the 1st day of August, 2013.

The Appellants were not joined as parties to the suit before the trial Court, but were granted leave to appeal against the judgment as interested parties. This appeal has been brought vide a Notice of Appeal dated and filed on the 26th day of June, 2014 containing three (3) grounds of appeal.

In the Appellants? Brief of Argument dated and filed on the 7th day of December, 2015, the following sole issue was raised for the determination of the Honourable Court:

Whether it was proper for the trial Court to have

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granted declaratory reliefs in default of pleadings without calling for oral evidence in proof of same. (Ground 1)

On the sole issue, it was submitted that it was improper for the trial Court to have granted declaratory reliefs to the Respondents without calling for evidence in proof thereof. They argued that it is the law that Courts do not make declarations of right either on admissions or default of defence without hearing satisfactory evidence in proof thereof.

They referred this Court to the cases ofOkhuarobo v. Aigbe (2002) 9 NWLR [Pt. 771] 29 @ 54 Paras. B-C, C.P.C v. INEC (2011) 18 NWLR [Pt. 1279] 493 @ 538 Paras. D-E,Maja v. Samouris (2002) 7 NWLR [Pt. 765] 78 @ 100-101 Paras. H-C

They finally urged this Honourable Court to set aside the judgment of the trial Court and remit the case to the Chief Judge of Ekiti State for re-assignment to another judge.

The Respondents, on their own part, filed a joint Brief of Argument on the 11th day of January, 2016 wherein they submitted two (2) issues for determination, to wit:

1. Whether there are (sic) enough material evidence before the lower trial Court upon which her judgment in the suit

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was based?