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  • 2002-07-29
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Faladu v. Kwoi

MOHAMMED FALADU

V

MALAM HUDU MAI KWOI

COURT OF APPEAL

( JOS DIVISION )

IBRAHIM TANKO MUHAMMAD, JCA ( Presided )

OLUDADE OLADAPO OBADINA, JCA ( Read the Lead Judgment )

IFEYINWA CECILIA NZEAKO, JCA

CA/J/82/95

WEDNESDAY, 23RD JANUARY, 2002

COURT - Hearing notice - Whether a condition precedent to exercise of jurisdiction of court - Effect of failure to notify a party entitled to be heard on proceedings, judgment and orders of court

COURT - Process of court - Service thereof - Condition precedent to the hearing of any suit

JURISDICTION - Hearing notice - Whether a condition precedent to exercise of jurisdiction of court - Effect of failure to notify a party entitled to be heard on proceedings, judgment and orders of court

PRACTICE AND PROCEDURE - Date for mention - Treating same as a date for hearing - Impropriety of

PRACTICE AND PROCEDURE - Hearing notice - Requirement of service of - Failure to serve - Effect

PRACTICE AND PROCEDURE - Hearing notice - Whether a condition precedent to exercise of jurisdiction of court - Effect of failure to notify a party entitled to be heard on proceedings, judgment and orders of court

PRACTICE AND PROCEDURE - Pleadings - Where defendant fails to file

-  Whether entitles to hearing

PRACTICE AND PROCEDURE - Process of court - Service thereof Condition precedent to the hearing of any suit

Issues:

1.            Whether the trial Judge has jurisdiction to have entered judgment for the respondent when there was no evidence that the appellant was served with a hearing notice.

2.            Whether the trial Judge was right to have entertained the matter on a date that was supposed to be for mention”. and

3.            Whether the learned trial Judge was right in giving judgment to the plaintiff as he did.

Facts:

The respondent herein filed his writ of summons and statement of claim. Both processes were served on the appellant on 24th November, 1994. The appellant entered an appearance on 25th November 1994, but did not file a statement of defence. When the case came up for hearing, on 26th January, 1995 respondent applied orally for judgment in default of statement of defence under Order 27 Rule 4 of the Borno State High Court, 1988. The trial court entered judgment accordingly in terms of the writ of summons and the statement of claim. Dissatisfied with the judgment, the appellant appealed to the Court of Appeal.