What Amounts to Miscarriage of Justice?

CASE TITLE: GODIYA EVENT CENTRE & ORS v. PAJO (2024) LPELR-61893(CA)

JUDGMENT DATE: 28TH MARCH, 2024

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: PETER OYINKENIMIEMI AFFEN, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Land Law.

FACTS:

This appeal is against the decision of the High Court of Taraba State, delivered on 11/2/22 by S. D. Yakubu, J.

The controversy in this appeal revolves around the blockage of access roads to a residential property situated at Water Tank Road, Government Reservation Area (G.R.A.), Wukari, Taraba State. The Appellants are alleged to have blocked the access road to the Respondent’s property (which is an undeveloped plot of land covered by Right of Occupancy No. TS/8985) and thereby undermined her right of easement by building the Godiya Events Centre on adjoining land (covered by Right of Occupancy No. TS/14805 granted to one Gambo Adi) in utter violation of the residential purpose for which it was granted.

The trial Court eventually entered judgment in favour of the Respondent (plaintiff) against the Appellants (Defendants).

The Appellant was dissatisfied with the judgment of the trial Court, hence, this appeal.

ISSUES FOR DETERMINATION:

The Court adopted the two issues distilled by the Appellant in the determination of the appeal, which state:

1. “Whether or not the Respondent has proved her case as required by law to warrant the judgment of the trial Court in her favour?”

2. “Whether or not the failure of trial Judge to deliver judgment within 90 days after the adoption of final written address(es) has occasioned a miscarriage of justice for the Appellants?”

DECISION/HELD:

In the final analysis, the appeal was allowed and the judgment of the trial Court was set aside. The Court ordered that the case be remitted for a retrial.

RATIOS:

• JUDGMENT AND ORDER – DELIVERY OF JUDGMENT – Whether the fact that a judgment was delivered after 90 days will alone amount to miscarriage of justice; what will amount to miscarriage of justice
• JUSTICE – MISCARRIAGE OF JUSTICE – Meaning and nature of miscarriage of justice
• JUDGMENT AND ORDER – DELIVERY OF JUDGMENT – Duty of an appellant who complained of undue delay in the delivery of a judgment to show how the delay has occasioned a miscarriage of justice
• JUDGMENT AND ORDER – DELIVERY OF JUDGMENT – Effect of failure to deliver a Judgment within the time limit stipulated
• EVIDENCE – VISIT TO THE LOCUS IN QUO – Position of the law as regards visit to the locus in quo
• CONSTITUTIONAL LAW – BREACH OF RIGHT TO FAIR HEARING – Whether failure to afford a party an opportunity to cross examine the witnesses of his adversary amounts to breach of fair hearing
• COURT – RAISING ISSUE(S) SUO MOTU – Instance(s) where a court can raise issue(s) suo motu and determine it without hearing parties
• JUDGMENT AND ORDER – ORDER OF RETRIAL/TRIAL DE NOVO – Instances where an order of retrial will be made

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