In the Supreme Court
On FRIDAY 1ST JULY, 2016
SC. 268/2005
Before Their Lordships
SULEIMAN GALADIMA JSC JSC
NWALI SYLVESTER NGWUTA JSC JSC
MARY UKAEGO PETER-ODILI JSC (Delivered Lead Judgment) CLARA BATA OGUNBIYI JSC JSC
KUDIRAT MOTONMORI O. KEKERE-EKUN JSC JSC
JOHN INYANG OKORO JSC JSC
AMIRU SANUSI JSC JSC
Between
MISIRI ALIMI
OSENATU RAIMI ASHAFA
SHITTA RABIU (For Themselves and oh behalf of the Odunegbe Family of Akesan)
And
ASANI KOSEBINU MUSTAPHA OGUNBIYI
SAFIU SHITTU
MUSA ABUDU (For themselves and on behalf of the Oduso Family of Akesan)
The brief facts of the case relevant to this appeal are that at the conclusion of trial before the High Court of Lagos State, Ikeja Judicial Division, which included oral and documentary evidence, the case was adjourned to 27/6/2001 for judgment. The judgment was not delivered on that day. The following day, 28/6/2001, judgment was delivered by the learned trial Judge in chambers. He made the following note at page 205 of the record: "This is the second day that this judgment could not be read in open court because there was no electricity in the court room we therefore decided with consent of the two parties counsel to read it in chambers." The defendants/respondents were dissatisfied with the judgment and appealed to the court below on several grounds. On 4/7/2005, the court below allowed the appeal and set aside the entire proceedings as well as the judgment delivered therein for being in violation of Section 36 (3) of the 1999 Constitution. The appellant is dissatisfied with this decision and has appealed to this court.