- December 20, 2016
- Posted by:
- Category: Case Law Blog
Achuzia v. Ogbomah  11 NWLR (Pt. 1522) 59 at 81 per Kekere-Ekun, J.S.C. paras. G-H:
Download the full Judgment here.
It goes without saying because a party on whom hearing notice was not served is likely not to be present at the hearing for no fault of his. Therefore, he cannot be said to have been given the required opportunity to be heard. Courts must not be quick to proceed with the hearing of a case in the absence of a party especially where there is no proof that the party was aware of the hearing date.
In Darma v. Ecobank (Nig.) Ltd  9 NWLR (Pt. 1571) 480 at 511, the Supreme Court, per Nweze, JSC held that the absent party is entitled to be issued and served with a hearing notice of the date of the delivery of judgment because it is a constitutive part of the hearing of the case.