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

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"It is well settled law that, once a single issue can dispose of the appeal completely, it is not necessary to consider the remaining issues formulated and argued by the parties. See OKEREKE V. NWANKO (2003) 9 NWLR (Pt. 1326) 592 SC; EWO v ANI (2004) 3 NWLR (Pt. 861) 610, SC." Per THOMAS, J.C.A (P 7,Paras F-G) - read in context 3 PRACTICE AND PROCEDURE - NON-COMPLIANCE WITH RULES: Effect of non-compliance or defect in the competence or jurisdiction of the court "It is trite that where a non compliance or defect goes to the competence or jurisdiction of the court, any subsequent proceeding would be a nullity no matter how well the case was decided. See KIDA S OGUNMOLA (supra) at (396) paragraphs D - E per KATSINA - ALU JSC thus: "It is now trite law that failure to serve process where service of process is required is a fundamental vice. This means that the trial court is deprived of the necessary competence and jurisdiction to hear the action." Per SAULAWA, J.C.A. (Pp 21-22,Paras F-A) - read in context 4 ACTION - PROPER PARTIES: Whether the absence of proper parties in court will render the jurisdiction of the court void 3
"It is settled law that where proper parties are not before a court the court is without jurisdiction to adjudicate. See PLATEAU STATE v. A-G FEDERATION (2006) 1 SC (pt.1) 64; AMODU v. AJOBO (1997) 7 NWLR (pt.406) 170." Per THOMAS, J.C.A (P 11,Paras F-G) - read in context 5 CONSTITUTIONAL LAW - RIGHT TO FAIR HEARING: Whether a judgment is bound to be set aside if the superior court is of the opinion that the party entitled to be heard was not given an opportunity to be heard "It is trite that the rule of fair hearing as cherishingly enshrined under section 36 of the constitution of the Federal Republic of Nigeria 1999, is not a technical principle. It is rather one of substance. As authoritatively and most cherishingly held by the supreme court: "once an appellate court comes to the conclusion that the party was entitled to be heard before a decision was reached but was not given the opportunity of hearing the ...Judgment thus entered is bound to be set aside ". see BAMAIYI vs THE STATE (2001) FWLR Part 46 page 956 at 974 paragraphs D - E per Uwaifo JSC; KOTOYE VS CBN (1989) NWLR (part 98) 419; ATANO v. AG. BENDEL (1988) 2 NWLR (Pt. 75) 201; NTUK DEM vs OKO (1986) NWLR (part 45) 909." Per SAULAWA, J.C.A. (P 22,Paras B-E) - read in context 4
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Page 6 and 7: 6 PRACTICE AND PROCEDURE - SERVICE
Page 8 and 9: 6. Whether in the circumstances of
Page 10 and 11: P. J. Olayiwola Judge 13-4-99 From
Page 12 and 13: the respondent that there were proo
Page 14 and 15: account for their (sic) where about
Page 16 and 17: on 22/3/2005 and raised therein six
Page 18 and 19: fundamental defect. Thus, absence o
Page 20 and 21: That fortiori the judgment delivere
Page 22 and 23: There was as usual no proof that th
Page 24: NWANKWO (2003) 9 NWLR (part 826) 59

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

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