judy.legal
Login Register

MR. ANTHONY OKOKO & ORS. v. PETER OKOKO

(2017) JELR 37977 (CA)

Court of Appeal  •  CA/OW/48/2014  •  6 Jun 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): In this appeal, the Appellants distilled the issues set down below for determination:

i) Whether the Court below had jurisdiction to hear and determine Suit No. A/388/2007 when there was no evidence of service of the Originating processes in the Courts file and the Order for substituted service of the Amended Statement of claim and other processes were not served in accordance with the Order of Court and when the Suit was statute barred (Grounds 1 and 6).

ii) Whether the Court below was right both in law and fact when it held that Exhibit 4 were forged documents and thus a nullity in the absence of any convincing evidence to that effect before the Court (Grounds 2 and 5).

iii) Whether the procedure adopted by the Trial Judge in hearing and determining the Suit before him without issuing a single hearing Notice to the Appellants or affording them opportunity to defend themselves do not constitute lack of fair hearing and agains…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login