POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI
POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI
POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI
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P. J. Olayiwola<br />
Judge<br />
13-4-99<br />
From the above quotations, it is clear that on the<br />
13-4-99 when the suit came up before the trial<br />
Judge, the appellants were absent including their<br />
counsel: and therefore the learned trial Judge<br />
adjourned the case to 29-04-99 and clearly ordered<br />
a fresh hearing notice to be served on the<br />
appellants. Since then, there were several<br />
adjournments and the Appellants were absent on<br />
all the occasions and on 22-7-99 the same court<br />
granted the respondent leave to prove his case.<br />
Learned counsel for the respondent had also<br />
informed the court that on different occasions, the<br />
court had ordered fresh hearing notice on the<br />
appellants, but alleged that the appellants had<br />
failed to turn up.<br />
I have carefully perused and considered the<br />
proceedings of the trial court on pages 39 - 41 and<br />
page 45. These pages have shown that on 29-4-99,<br />
the trial Judge simply said "This matter is<br />
adjourned to 15th and 16th June 1999 for definite<br />
hearing." This shows that there was no "fresh<br />
hearing notice to be served on the appellants" as<br />
claimed by learned counsel for respondent. On<br />
15-6-99, the same trial judge merely said - "This<br />
matter is fixed for today and tomorrow, matter is<br />
therefore adjourned till tomorrow for definite<br />
hearing." It is therefore failure to serve hearing<br />
notice of service on the appellants. Still on<br />
16-6-99, the same Judge said as follows:<br />
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