Diamond Bank PLC & Anor V. Slimpot Nigeria Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

The appellants were the defendants in suit No. K/684/2002 before the Hon. Chief Judge of Kano State sitting in High Court No. 1 of Kano State High Court, wherein the Respondent as the plaintiff had been adducing evidence by calling witnesses in support of the claim up to 16/2/2011 when the suit was adjourned to 16th – 17th March, 2011 for continuation of hearing and subsequently to 23/5/2011. The scenario that prompted this appeal was recorded on 14/6/2011 by his Lordship at pages 193 – 194 of the record of appeal.

The record of appeal which must be presumed to be authentic and correct being the record transmitted to this Court shows that the plaintiff now Respondent was absent and unrepresented at the proceedings of that date, while Mr. Gbidion Uzu for the defendants now appellants asked for adjournment of the case to 28/9/2011. The learned Chief Judge then ruled at page 193 thus;

?”It is observe (sic) that since the return of this case from KMDC, it has suffered almost five (5) adjournments, I believe there shall be an end to every case but the end of this case does not appear to be in

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sight.

In the circumstances, it is necessary to close the case for the plaintiff and allow the defendant to open their defence, Accordingly, case for the plaintiff is hereby closed and the defendants are called upon to open their defendant (sic)”,

Continuing the proceedings of the same 14/6/2011 at page 194 of the record, Mr. Uzu for the defendant had asked for 28/9/2011 to open the defence, but the learned Chief Judge ruled that;

“Since the defendants are not ready to open their defence, the case for the defendant is also closed, in the circumstances this case is adjourned to 14/7/2011 for address?.

The defendants were absent and unrepresented at the proceedings of 14/7/2011 but upon the letter of their learned Counsel for adjournment, the case was adjourned to 28/7/2011 for the adoption of the written addresses ordered by the learned Chief Judge.

?Against the order of 14/6/2011 closing the defendants’ case, the defendants commenced this appeal through the Notice of Appeal dated 1st November, 2013 with two grounds of appeal which Notice of Appeal was amended with leave of this Court by the Amended Notice of Appeal filed on

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17/4/2015 also with two grounds of appeal. The parties filed and exchanged their Briefs of Argument in line with the relevant Rules of this Court and the Briefs were adopted by learned Counsel at the hearing of the appeal.

In the Amended Appellants’ Brief filed on 17/4/2015 but deemed properly filed on 9/6/2015, the learned Counsel for the appellants raised a lone issue for determination thus;