(2000) JELR 44053 (CA)    

Court of Appeal  ·  CA/J/111/97 ·  21 Feb 2000 ·  Nigeria
Other Citations
Adisa v. Teno Engineering Ltd. (2001) 1 NWLR (Pt.695)633
Adisa v. Teno Engineering Ltd. (2001) 1 NWLR (Pt. 695) 633
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
record of appeal
brief of argument
grounds of appeal
preliminary objection
notice of preliminary objection
preliminary objections
court of appeal rules
late alhaji yusuf adisa
learned counsel
learned trial judge
rules of this court
supreme court
briefs of argument
default of defence
definition of the word
honourable court
indulgence of the court
learned senior counsel
notice of motion
proper procedure
statement of claim
court of appeal
high court of borno state
judgment of this honourable court
suit no.m
behalf of the said appellant
competency of the appellant
judge of the high court of borno state
judgment of bdliya j.
leading judgment
legal representatives
orders of the learned trial judge
proceedings of the borno state rent tribunal
respective briefs of argument
said agreement
said prayer
said prayer of the applicant
see adeyiga v
service of hearing notices
set aside
wise counsel

MANGAJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Bdliya J. sitting in the High Court of Borno State, Maiduguri Judicial Division wherein the Respondent as plaintiff obtained judgment in terms of all the reliefs he sought in his statement of claim. That judgment was dated 21st May, 1996 but signed on 24th May, 1996.

Aggrieved by the judgment, the Appellant as Defendant, filed a notice of motion seeking the indulgence of the Court below for the following reliefs:-

"An order granting leave extending time within which to apply to set aside judgment of this Honourable court in suit No.M/66/95 dated 21st May, 1996.

An order setting aside the judgment of this Honourable court in default of defence/pleading dated 21st May, 1996 in suit No.M/66/95.

An order for leave to the Defendant/judgment debtor/applicant to file his statement of defence out of time.

An order for leave to recall all the plaintiff/judgment creditor/respondent's witnesses and to be…

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