AUWAL ADAMU SABIYAL V. BAWA GIDOGA SABIYAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Lead Judgment): This is the judgment in respect of the appeal which emanated from the ruling of the Kebbi State High Court of Justice, Birnin Kebbi Judicial Division, which was delivered on 16/01/2023.

The trial Court had dismissed the suit for non-compliance with Order 25 Rule 1 and 3 of the Kebbi State High Court (Civil Procedure) Rules 2017.

The Appellant, miffed by the said decision, filed a Notice of Appeal against it on 26/01/2024 which contains 4 grounds of appeal:

GROUNDS OF APPEAL

GROUND ONE

The learned trial Judge of the trial Court erred in law and thereby occasioned a serious miscarriage of justice when he apparently disregarded the fundamental issue of law raised by the Appellant’s counsel to the effect that the Appellant was not served with the Defendant’s statement of defence in order to determine whether issues have been joined or not and whether the Appellant is out of time to apply for the issuance of Pre-Trial Conference For…