CASE TITLE: NCS BOARD v. LAWAL (2024) LPELR-62774(CA)
JUDGMENT DATE: 18TH JULY, 2024
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: ADEBUKUNOLA ADEOTI IBIRONKE BANJOKO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on civil procedure.
FACTS:
This appeal is against the decision of the Federal High Court, Abeokuta, Ogun State.
Dissatisfied with the ruling of the trial Court, the Appellant appealed.
The Appellant filed an application for condemnation of goods and vehicles at the trial Court vide an Originating Motion ex parte. The trial Court granted the Appellant’s Application for condemnation of all the goods and vehicles listed in Schedules A, B and C, annexed to the Affidavit in support of the application, which included the vehicle of the Respondent, a DAF-CF tanker. The tanker was intercepted while transporting forty-five thousand (45,000) litres of Petroleum Motor Spirit (PMS). The Respondent challenged the condemnation order through an Originating Motion on notice. At the end, the Learned Trial Judge excluded the Respondent’s vehicle from the list of the condemned items covered by his order and granted the Respondent’s Application.
ISSUES FOR DETERMINATION:
The Court adopted the issues raised by the Appellant viz:
1) Whether or not the lower Court properly evaluated the evidence before it and ascribed appropriate probative value to such evidence before arriving at the conclusion that the Respondent was not given (sic) Fair Hearing?
2) Whether or not the lower Court has jurisdiction to entertain the Application of the Respondent dated November 2, 2020, to vary the Court’s own order for condemnation dated November 13, 2018.
DECISION/HELD:
In conclusion, the Court dismissed the appeal.
RATIOS:
- APPEAL- ISSUE(S) FOR DETERMINATION: Whether issue(s) for determination must flow from a ground of appeal relating to the ratio of the decision appealed against; effect of failure
- CONSTITUTIONAL LAW- BREACH OF RIGHT TO FAIR HEARING: What the Court considers in determining whether a proceeding/judgment of a Court is in breach of the right to fair hearing of a party
- EVIDENCE- EVALUATION OF EVIDENCE: Basis of evaluation of evidence
- EVIDENCE- UNCHALLENGED/UNCONTROVERTED EVIDENCE: Effect of unchallenged or uncontroverted facts in an affidavit
- JUDGMENT AND ORDER- FUNCTUS OFFICIO: The doctrine of functus officio and its exceptions
- JUDGMENT AND ORDER- ORDER OF FORFEITURE: Whether an order for the condemnation/forfeiture of a property seized by the Nigerian Custom can be made ex-parte; effect of same
- PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Duty of a respondent who intends to rely on a preliminary objection to the hearing of an appeal; effect of failure
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