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Purpose of Serving Hearing Notice

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"The purpose of service of hearing notice is in essence, to give notice to the parties.

The question then may be asked; what is the essence of service of hearing notice on a party who is already on notice? The simple answer is none. This is more so, in a case where an adjournment date has not been fixed in the absence of or behind the back of such a party.

Indeed, such a party, stricto senso, does not require the service of a fresh hearing notice and in all fairness, should not expect one, as it will be totally uncalled for.

Thus, where a party in a suit has knowledge and is aware of an adjournment date or can be fixed with such knowledge, if such a party decides to be absent and inexcusably, too, on the stated day, the obvious inference to be drawn from that course of action, is that the party does not intend to contest the case at all or continue with the same any longer. He has backed out, stepped down, thrown in the towel or has abandoned it.

 

Per OREDOLA, J.C.A. in Onah Vs. Okom (2012) 8 NWLR (Pt. 1301) 169 CA.


   
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