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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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6. Whether in the circumstances of this case, the<br />

trial which was conducted in the absence of the<br />

defendants when there was no proof of service of<br />

hearing notice as ordered was proper and can be<br />

allowed to stand."<br />

The respondent on time, filed his respondent's brief<br />

of argument and has formulated six issues for<br />

determination. They read thus:<br />

"(i) whether the learned trial Judge failed to<br />

consider Exhibit I?<br />

(ii) whether the learned trial Judge properly<br />

evaluated the evidence before him and was right in<br />

the conclusion reached thereby?<br />

(iii) whether the learned trial Judge rightly placed<br />

the onus on the defendants to prove that they<br />

delivered the parcel to the addressee?<br />

(iv) Whether, assuming without conceding, that the<br />

judgment is invalid merely because it was based on<br />

the provisions of a wrong law?<br />

(v) Whether the learned trial Judge failed to apply<br />

well known principles of law to the proved and<br />

accepted facts.<br />

(vi) Whether the suit was conduced in the absence<br />

of the appellants without their not served with<br />

Hearing Notice before the hearing of the suit?"<br />

It is well settled law that, once a single issue can<br />

dispose of the appeal completely, it is not<br />

necessary to consider the remaining issues<br />

formulated and argued by the parties. See<br />

OKEREKE V. NWANKO (2003) 9 NWLR (Pt. 1326)<br />

592 SC; EWO v ANI (2004) 3 NWLR (Pt. 861) 610,<br />

SC.<br />

7

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