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SALEH VS. MONGUNO (2002)

case summary

Court of Appeal (Jos Division)

Before Their Lordships:

  • Aloma Mariam Mukhtar, JCA (Presided)
  • Oludade Oladapo Obadina, JCA (Read the Lead Judgment)
  • Isa Abubakar Mangaji, JCA

Parties:

Appellant:

  • Alhaji Baba M. Saleh

Respondents:

  • Alhaji Lawan Monguno
  • The Deputy Sheriff (High Court Maiduguri)
  • Alhaji Tijani Shettima
  • Alhaji Usman Ishaku Tailor
  • Alhaji Modu Batcha
Suit number: CA/J/77/97

Background

The case of Saleh vs. Monguno arose from a dispute where Alhaji Baba M. Saleh, the appellant, challenged a judgment delivered against him by the High Court of Borno State. He was ordered to pay a sum of N1,412,926.00 as balance for vehicles sold by the respondent, Alhaji Lawan Monguno. Despite filing an appeal, Saleh did not secure a stay of execution, which led to the sale of his properties. The Court of Appeal later declared the original judgment a nullity on the grounds of improper service.

Issues

The case primarily revolved around two critical issues:

  1. Whether the appellant was accorded a fair hearing regarding his application dated 14th August 1987.
  2. Whether this application was appropriately before the court, considering the claims made.

Court Findings

The Court of Appeal found that the appellant did not receive a fair hearing, focusing on the principles of natural justice, namely: Audi alteram partem (hearing both sides) and Nemo judex in causa sua (no one should be a judge in his own case).

The court emphasized that the appellant's right to a fair hearing is guaranteed under Section 33(1) of the Nigerian Constitution. It held that the lengthy delay in addressing the appellant's motion for restitution of his sold properties was indicative of bias and deprived him of his right to a fair hearing.

Ratio Decidendi

The court concluded that:

  1. The learned trial Chief Judge's refusal to address the appellant's application immediately rendered the trial process unconstitutionally biased and unjust.
  2. The procedural rules and time limits stated in the Sheriffs and Civil Process Law were crucial, but they should not be invoked to deny justice if the fundamental right to fair hearing was breached.

Conclusion

The appeal was dismissed, but the court underscored the requirement for courts to maintain procedural fairness and uphold a party's right to a fair hearing. It was held that given the circumstances, the delays and procedural issues must be viewed in light of ensuring justice.

Significance

This case is significant for reinforcing the principles of fair hearing and jurisdiction in Nigerian law. It elucidates the standards courts must meet to ensure that all parties in litigation are treated justly and equitably, reiterating the cardinal role of procedural fairness in delivering justice.

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