Litigaship Series Procedural Law

Litigaship Series: Delivery of Judgement on Weekends and Non-Judicial Days



Judgment has been defined by the Supreme Court in the case of SARAKI & Anor v. KOTOYE (1992) 9 NWLR (pt. 264)156 as a binding, authentic, official and judicial determination of the court in respect of claims and in an action before it.

In any proceeding, be it civil or criminal, judgment is the penultimate stage of the judicial process where the legal right,claim or interest is converted into an order of the court.At the conclusion of evidence and addresses been filed by parties, the court generally reserves judgment or states the date on which it will be delivered. If the judgment is reserved, parties shall be served with the notice of the date on which judgment will be delivered.

It should be noted that the delivery of judgment can be made on any day including weekends even though they are non-judicial days. ANIE v. UZORKA (1993) 8 NWLR (pt. 303)1.

A judgment may even be delivered on a Christmas day because both Counsel and parties have little to do on the day of judgment and a miscarriage of justice does not arise. VERITAS INSURANCE Co. Ltd v. CITI TRUST INVESTMENT Ltd (1993) 13 NWLR (pt. 281) 349. In fact, on the authority of AGBANA v. OWA (2004) 13 NWLR (pt. 889) 15, absence of parties in Court on the day of judgement is delivered cannot vitiate, nullify or invalidate the decision.

Thus, a judgement of the court can be delivered on any day, including weekends and other non-judicial days.

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Toheeb Adeagbo
Editor, Litigaship Tower

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