YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Lead Judgment): This appeal against the judgment of the Federal High Court, State sitting at the Lagos Judicial Division and delivered by HON. JUSTICE SALIU SAIDU on the 10th day of June, 2019 in Suit No: FHC/L/CS/307/2018, wherein judgment was given in favour of the Respondent. Dissatisfied with the decision, the Appellants filed a Notice of Appeal on the 13th June, 2019, setting out three (3) grounds of appeal. The record of appeal was transmitted on the 1st of July, 2019.
The facts birthing this appeal can be summarized briefly. The Respondent (Plaintiff at the Court below) instituted the suit against the Appellants (Defendants at the Court below), and by a motion ex-parte on the 26th of February, 2018, sought amongst other orders, an order setting down the suit for hearing on the undefended list.
The Court below heard and granted the prayers sought except prayer D. Consequently, the suit was entered under the Undefended List Procedure.…