Litigaship Series Procedural Law

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

LITIGASHIP SERIES

DELIVERY OF JUDGMENT 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.

Litigaship Tower

🏛

08101309618
Visit http://www.lawaxis360degree.com

for more series and to drop comments.

Toheeb Adeagbo
Editor, Litigaship Tower

LEGAL DISCLAIMER:
Please be informed that the information provided on Law Axis 360° (the “Platform”) are not meant to be legal advice. The content provided by the Platform are for information purposes only and does not constitute legal or other professional advice, and you should not rely on it as an outline of your obligations, duties or rights in respect of any issue. Any entity does not accept any liability in relation to your use or reliance on the information provided by the Platform.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: