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  • Rector, Kano State Polytechnic v. Dan’agundi
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  • 2002-11-04
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Rector, Kano State Polytechnic v. Dan’agundi

RECTOR, KANO STATE POLYTECHNIC

DR. ABDU MOHAMMED

( Rector Kano State Polytechnic )

MALLAM AHMED MAHE

( Staff Kano State Polytechnic )

MALLAM HAMZA SA’ID

( Director, School of Technology )

MALLAM HASHIM

( Chairman, Academic Staff Union )

V

IBRAHIM DASUKI BABBA DAN’AGUNDI

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided and Read the Lead Judgment )

MAHMUD MOHAMMED, JCA

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

CA/K/63/2000

TUESDAY, 3RD JULY, 2001

COMMITTAL PROCEEDINGS - Contempt of court - Need to follow strict legal procedure in committal proceedings

COURT - Contempt of court - Need to follow strict legal procedure in committal proceedings

FAIR HEARING - Need to notify and hear all parties to a suit

JUDGMENT AND ORDER - Order striking out suit - Effect thereof Whether effectively brings a suit to an end

JUDGMENT AND ORDERS - Order of court - Whether a person can be compelled thereby to do a voluntary act

JUDGMENT AND ORDERS - Punishment for a thought - Whether a person liable for


PLEADINGS - Originating process - How served and proved - Persons who can serve and prove - Whether a motion to relist a suit struck out is an originating process

PRACTICE AND PROCEDURE - Application to relist a suit - Whether requires personal service

PRACTICE AND PROCEDURE - Fair hearing - Need to notify and hear

all parties to a suit

PRACTICE AND PROCEDURE - Order striking out suit - Effect thereof Whether effectively brings a suit to an end

PRACTICE AND PROCEDURE - Originating process - How served and proved - Persons who can serve and prove - Whether a motion to relist a suit struck out is an originating process

PRACTICE AND PROCEDURE - Service of process - How to substantiate fact of - Originating process - Service of  - Need to prove same by officers of court

PRACTICE AND PROCEDURE - Service of process - Motion to relist Need to serve same - Whether a fundamental omission - Failure to serve

Issue:

Whether the respondent’s suit was restored to the cause list without notifying the appellants.

Facts:

The plaintiff/respondent sued the defendants/appellants claiming declaratory reliefs and mandatory injunctions so as to recall the plaintiff to continue his studies at the institution. The action followed the expulsion of the plaintiff as student from the Kano State Polytechnic for examination malpractice. The action was served on the defendants but in the course of proceedings, the suit was struck out for want of diligent prosecution. Thereafter the plaintiff filed a motion on notice to relist the suit. Evidence showed that there was no proof of service of the motion to relist upon the defendants/appellants. The motion was heard and granted and thereafter the suit proceeded until judgment without the attendance of the defendants/ appellants. The first defendant was even committed for contempt in his absence and without notice to him. Dissatisfied with the proceedings, the appellants filed this appeal which was determined upon the fundamental question of service.