judy.legal
Login Register
📄 PDF

OBA JACOB OYEYIPO & ANOR. V. CHIEF .J. O. OYINLOYE

(1987) JELR 42700 (SC)

Supreme Court  •  SC.99/1986  •  20 Feb 1987  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; ANDREW OTUTU OBASEKI JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC; SALIHU MODIBBO ALFA BELGORE JSC;

Appearances
Chief F.R.A. Williams S.A.N. with him J. O. Ajiboye and B. O. Aluko For Appellant Chief Afe Babalola with him Professor S. A. Adesanya and A. Awomolo For Respondent

Judgement

KARIBI-WHYTE, J.S.C. (Delivering the Leading Ruling): This is a ruling on the motion by applicants, who were the Appellants in the substantive action, now dismissed, seeking an order of this Court that

"(i) the decision given herein by this Honourable Court sitting in Chambers on Wednesday the 12th day of November, 1986 be set aside;

(ii) the motion on Notice filed by the Respondent herein and dated the 24th day of October, 1986 be listed for hearing in open court or in such other lawful manner as the court may direct;

(iii) such further or other orders as this Honourable Court may deem fit to make."

The grounds relied upon by the applicant were as set out in the schedule to the Motion stated as follows:-

"(i) The Appellant was not given any opportunity of being heard before the decision made by this court on 12th November, 1986 was made.

(ii) The making of the said decision otherwise than in open court (i.e. the court sitting in public) is a contravention of subsection 13 of Section …

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