Case Result

Registered Trustees Trem Vs. Okunowo (2003) 7 Wrn 85

Case Applicant: Mr. O. Mbamalu
Case Respondent: Mr. L. B. Shopeyin
Case Issue: The Contention Of The Appellant Is That Since By The Rules Of The Lower Court, They Had Eight Days Within Which To Enter Appearance To The Writ Of Summons Served On Them On 11/9/01, The Lower Court By Proceeding To Hear The Motion For Interlocutory Injunction On 18/9/01 At A Time When The Appellant’s Time To Enter Appearance Had Not Expired Had Denied The Appellants Their Right To Fair Hearing. Once There Was A Fundamental Flaw, The Adjudication No Matter Its Merits In Other Respects Is A Nullity.
Case Held: It Is My Humble View That The Lower Court Was In Error To Have Heard The Motion On Notice For Interlocutory Injunction On 18/9/01 When The Appellant Had Not Been Allowed To Fully Exhaust Their Period For Filing Appearance. The Earliest Day On Which The Application Would Be Validly Heard Was 20/9/01. This Is An Appeal Founded On The Denial Of Right Of Fair Hearing. It Matters Not That The Motion For Interlocutory Injunction Was Correctly Determined.
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