Case Result

Chinedu Ukachukwu & Anor Vs. Sylvester Nkpado (2013) All FWLR (Pt.706) 600

Case Applicant: Mr. O. Mbamalu (With F. J. Ayemere & O. F. Anichebe Miss)
Case Respondent: Chidi Ike (With C. Okechukwu Mrs)
Case Issue: Whether the High Court of Lagos State (Civil Procedure) Rules 2004 particularly Order 25, Rule 6 thereof and/or the constitutional issue of fair hearing were duly observed by the trial Judge in the Proceedings of 25th February 2010, when he entered Judgment in this Suit for the Claimant?
Case Held: In this case the Appellants were not served with Hearing Notice of the law, the Proceedings of 25th February 2010 because in the eyes of the law lhe correspondence between Counsel does not qualify as Hearing Notice. The Respondent’s Counsel was on his own when he elected to serve the Appellants’ Counsel by letter; There was no Court Order to back the letter. Consequently, the lower court fell Into serious error when it proceeded to treat the letter as proper service that will enable it assume jurisdiction
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