Position of the Law on Challenge of Record of Appeal Regarding Service/Non-Service of Court Process

CASE TITLE: YAKASSAI & ORS v. UGBOR (2024) LPELR-62903(CA)

JUDGMENT DATE: 18TH NOVEMBER, 2024

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Civil Procedure.

FACTS:

This is in respect of an appeal against the judgment of the High Court of the Federal Capital Territory, held at Abuja, delivered on the 14th of December, 2015 by ANENIH, J.

The Appellants as owners and landlords of the premises occupied by the Respondent had a disagreement with the Respondent on rent increment and payment. The Respondent alleging that his premises were illegally locked up, which led to loss of revenue and damage to his property, took out a writ of summons at the trial Court.

The parties joined issues via pleadings and at trial, the Respondent called four witnesses while the Appellant called a lone witness. After taking final addresses from the respective counsel for the contending parties, the learned trial Judge delivered a considered judgment as aforesaid on the 14th of December 2015, wherein he found in favour of the Respondent and granted his reliefs.

Displeased at this outcome, the Appellant appealed.

ISSUES FOR DETERMINATION:

The Court considered:

1. Whether the trial in the High Court is not a nullity in view of the lack of personal service of the writ of summons on the 1st Appellant in the trial Court.

2. Whether the trial at the High Court did not amount to a denial of a fair hearing of the Appellants’ application to reopen the case to call a fresh witness.

DECISION/HELD:

In conclusion, the appeal was dismissed.

RATIOS:

• ACTION- PLEADINGS: Effect of uncontroverted averments in pleadings
• APPEAL- GROUND(S) OF APPEAL: Effect of a ground of appeal from which no issue for determination is formulated
• APPEAL- INTERFERENCE WITH THE EXERCISE OF DISCRETION: Attitude of appellate courts to the exercise of discretion made by a trial Court
• APPEAL- APPEAL AGAINST INTERLOCUTORY RULING/FINAL DECISION: Time within which to appeal against an interlocutory decision; effect of failure to seek extension of time to appeal same when time has expired
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Fundamental nature of the right to fair hearing and effect of breach of same
• PRACTICE AND PROCEDURE- SERVICE OF COURT PROCESS(ES): Importance of service of Court process(es)
• PRACTICE AND PROCEDURE- SERVICE OF COURT PROCESS(ES): Position of the law on challenge of record of appeal regarding service/non-service of court process
• PRACTICE AND PROCEDURE- CONSISTENCY IN PRESENTATION OF A CASE: Whether a party must be consistent in the presentation of his case

To read the full judgment or similar judgments, subscribe to Prime or Primsol