FORCADOS OVO OBODO V. STAFFORD OLOMU & RORERT OBOLOJE

BELGORE, J.S.C. (Delivering the Leading Judgment): After hearing all the evidence by the parties in the trial Court of Warri in the High court of Bendel State, Eluaka, J., without being addressed by the counsel to the parties, wrote as follows:-

"Court: Parties will send their address (sic) to me in writing;

Order: Adjourned 2nd August 1983 for judgment.

(Sgd.) M.C. Eluaka

Judge

1/7/83"

The judgment was delivered on 14th September,1983 within three months of the conclusion of evidence at the trial. Learned counsel for the defendants, the respondents before Court of Appeal and also before this Court, filed in the trial Court on an unknown date what is headed a "WRITTEN ADDRESS SUBMITTED BY COUNSEL IN SUPPORT OF DEFENDANTS' CASE." This document was not served on the Plaintiff/Appellant or on his counsel. As it is undated one would only know that it was filed before judgment was written as learned trial Judge seemed to rely heavily on it. The appellant filed no address in Court. The Tr…