Does a Party Who Is Held to Be in Contempt of an Order of Court Have the Right to Be Heard?

CASE TITLE: AKOTEX ENERGY LTD & ORS v. ACCESS BANK PLC (2024) LPELR-61728(CA)
JUDGMENT DATE: 12TH MARCH, 2024
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: ABBA BELLO MOHAMMED, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on the issue of the right to a fair hearing after disobeying a court order.

FACTS:
This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja.

At the trial Court, originating processes were duly served on the Appellants as well as hearing notice for February 15, 2021, but neither Appellants nor their Counsel came to Court until February 16, 2021, when the case was already heard and adjourned for judgment. On July 13, 2012, the learned trial judge, after granting the application of the Appellants setting aside his order adjourning the matter for judgment, awarded a cost of N150,000.00 (One Hundred and Fifty Thousand Naira) against the Appellants and adjourned the matter to October 14, 2021. From July 22, 2021, up until October 14, 2021, when the matter came up for the Appellant’s motion for an extension of time, the Appellants remained in contempt by their refusal to obey the Court order. On October 14, 2021, the Respondent’s Counsel had objected to the hearing of the Appellant’s motion for extension of time on the ground that the Appellants had remained in contempt of the Court’s order. The Appellants argued that their failure to pay cost does not forbid the Court from hearing them on the application.

The learned trial Judge held that the Appellants were in contempt and refused the Appellants further audience. Aggrieved by this decision, the appellant appealed.
ISSUES FOR DETERMINATION:
The Court determined the appeal on the following issues:

1. Whether the learned trial Judge did not breach the Appellants’ right to a fair hearing and his judgment not rendered a nullity when, after adjudging the Appellants to be in disobedience of his order of July 13, 2021, he refused them the right of further audience in the matter until they purged themselves of their contempt and then proceeded to enter judgment against the Appellants without affording them an opportunity to purge themselves of contempt.
2. Whether the learned trial Court was right in law when it entered judgment in favour of the Respondent on the undefended list without regard to the Appellants’ Notice of Intention to defend the suit.

DECISION/HELD:
In the final analysis, the appeal was dismissed.

RATIOS:
● CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING – Nature of issue of right to fair hearing; test of fairness/fair hearing in proceedings
● COURT – CONTEMPT OF COURT – Whether a person has a right to be heard after disobeying a court order
● APPEAL – UNAPPEALED FINDING(S)/DECISION(S): Effect of failure to appeal against the finding(s) of a Court
● PRACTICE AND PROCEDURE – UNDEFENDED LIST PROCEDURE – Effect of failure of a defendant to file a notice of intention to defend together with an affidavit disclosing a defence on the merit before the date fixed for hearing
● CONSTITUTIONAL LAW – BREACH OF RIGHT TO FAIR HEARING – Whether a party who had an opportunity of being heard but did not utilize it can bring an action for breach of fair hearing
● JUDGMENT AND ORDER – ORDER OF COURT – Whether an order of court must be obeyed; effect of failure

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