POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI

Trial before court 2."
On that date the case came up before P.F.
Olayiwola, J, in the absence of the appellants. The
new Trial judge adjourned the matter to 29/4/99
and ordered that fresh hearing notice be served on
the appellants. Then after several adjournments
the trial judge P.F. Olayiwola, J. ordered on
27/7/99 thus:
Court: Having listened to Mr. Okoli-Akirika counsel
in support of this motion I am of the opinion that
the plaintiff should be granted leave to prove his
case before this honourable court. The Plaintiff is
therefore hereby granted leave to lead evidence
and prove his claim before this honourable court.
This case is therefore adjourned to 24th September
1999 for hearing.
On that day, the Trial court proceeded to hear the
evidence of the respondence in the absence of the
Appellants and their counsel. There is nothing on
the face of the Trial court's record at pages 48-50
to show that the Appellants were served with the
hearing notice against the 24/9/99. from that date,
the case was adjourned to 08/10/99 fro
respondents counsel address and thereafter to
30/11/99 for judgment.
It was submitted by the Appellants' counsel that
proceeding to taking evidence and delivering
judgment by the trial judge in the absence of the
appellants with out satisfying himself that they
were duly served with hearing notice as ordered on
13/04/99, is a clear violation of their right to fair
hearing.
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