<p>STANLEY SHENKO ALAGOA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Port Harcourt Division delivered on the 29th November, 2001 which allowed the appeal from the judgment of Njiribeako, J. of the Umuahia High Court in Suit No.HU/104/86 delivered on the 16th October, 1991. The lower court ordered a re-trial of the said Suit No.HU/104/86 on the ground that the Trial Court violated the rule of fair hearing in the sense that the present Respondent who was the 2nd Defendant during the trial at the High Court was not given the opportunity to sum up or address the Court before judgment of the Court was delivered on the 16th October, 1991. </p><p> Briefly the facts were that the present Appellant who was Plaintiff in the Trial Court took out a Writ of Summons against one Mrs. Patience Ukauwa and another in the High Court Umuahia as 1st and 2nd Defendants claiming the following reliefs:-</p><p> a) A declaration that the Plaintiff is entitled to the …</p>