- Flynote
- Civil Procedure|Appeals and reviews
- Case summary
- From the evidence on record, the court was unable to find any proof of illegality. Thus, the Court of Appeal erred in holding that the agreement was illegal and unenforceable and in denying the appellant the right to be heard. The court further found that the court of Appeal had not followed the permissible procedure in deciding the appeal, therefore, the appeal was allowed, orders of the Court of Appeal were set aside and ordered that the matter be returned to a different panel for rehearing.
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