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REV. FR. (DR.) CHARLES AGU V. PAUL AYI

(2010) JELR 33749 (CA)

Court of Appeal  •  CA/PH/284M/1997  •  8 Apr 2010  •  Nigeria

Coram
HON. JUSTICE S. GALADIMA (OFR) JCA; HON. JUSTICE T. ABDULLAHI JCA; HON. JUSTICE E. EKO. JCA;

Judgement

TIJJANI ABDULLAHI, J. C. A. (Delivering the leading judgment): This is an appeal against the decision of the Rivers State High Court, Ahoada judicial Division presided by G. Granville (J) wherein the learned trial judge refused an application for adjournment, made by the learned counsel for the Defendant/Appellant through a letter requesting for the matter to re-adjourned to another date.

The Appellant was/is the Defendant in the lower Court whilst the Respondent was/is the Plaintiff in the said court. The facts of the case as can be gathered from the proceedings of 13th January, 1997 are that: There was a letter for adjournment from Dr. Osanakpo and in response to the said letter learned counsel for the Plaintiff Chief B.C. Ake remarked as follows:

"This is the last of the three days taken by Dr. Osanakpo for this case, and on all the 3 days he has come to court with one excuse or the other. Says in his letter that he indicated that he had prior fixture for a matter at the High Court…

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