Jonathan Odulate & Ors V. Dupe Odulate (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA?AN DONGBAN-MENSEM, J.C.A.(Delivering the Leading Judgment)

This appeal challenges the decision of the Ogun State High Court holden at the Sagamu Judicial Division Coram Justice S. O. Olusanya (J.).

The Judgment was delivered on the 31st July 2007 and it is contained on pages 16-19 of the Record of Appeal while the proceedings of the Court leading to the Judgment took place on the 27th July 2007 with only the Respondent giving evidence at the trial. It is on pages 13-15 of the Record.

The Appellants were opposed to the claims of the Respondent at the trial Court in respect of a disputed building at Adelarin Ogunlesi Street, Iwera off Oba Awolesi Road, Sagamu Ogun State. They claimed the said building to belong to their late Father Mr. Olanipekun Odulate who also was the Respondent’s husband as contained in their pleadings before the trial Court. See pages 11-12 of the Record.

From the sole ground of appeal, the Judgment of the learned trial Court and the arguments for and against the appeal, fair hearing is the thorny issue of this appeal.

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The Appellants who were the Defendants at the trial Court allege that they were

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never given opportunity to be heard. The processes with which the suit went on trial were the Amended writ of Summons and statement of Defence shown on pages 11-12 of the Record.

The Appellants who are dis-satisfied with the Judgment of the trial Court filed with the leave of this Court, granted on 19th June 2008, (on page 22 of the Record), a Notice of Appeal dated 20th June 2008 but filed on the 3rd July 2008. The Notice and ground of appeal are at pages 20-21 of the Record for this appeal transmitted on the 21/05/14. The records were deemed dully filed on the 25/03/15.

The facts as presented by the Appellants are apt and are hereby adopted as part of this Judgment as follows:

The sole issue raised by the Appellants and adopted by the Respondent is:

“Whether or not the Constitutional principle of fair hearing under Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 was breached by the Learned Trial Judge when he commenced the trial on the 27th July 2007 and delivered Judgment on the 31st July 2007 in the absence of the Defendants/Appellants and without giving them opportunity to present their case?.

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