(1998) JELR 45538 (CA)    

Court of Appeal  ·  CA/J/92/95 ·  10 Feb 1998 ·  Nigeria
Other Citations
Agena v. Katseen (1998) 3 NWLR (Pt.543)
Agena v. Katseen (1998) 3 NWLR (Pt. 543) 560
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
hearing notice
learned trial judge
amended notice of appeal
fresh hearing notice
preliminary objection
statement of claim
trial date
said ground of appeal
1st appellant
ajomale v. yaduat
amended notice
ample time
benue state high court
case file
circumstances of the case
copy of the lead judgment
day whereby appellants
default judgment
determination of the appeal
duty of the trial court
effect of this amendment
examination of the records of proceedings
fair hearing
final result
ground of appeal
hearing of the appeal
high court of benue holden
interest of a party
leading judgment
lower court
next adjourned date
notice of preliminary objection
proof of service of the hearing notice
public holiday
said counter-affidavit
trial judge

OPENE, J.C.A. (Delivering the Leading Judgment): In the High Court of Benue holden at Gboko, the plaintiff who is now the respondent filed an action against the appellants claiming the sum of N42,390.00 (Forty-two thousand, three hundred and ninety naira) as special and general damages for negligence. The respondent filed his statement of claim and the appellants also filed a joint statement of Defence. There were several adjournments and the appellants were absent on all occasions including the 25/9/92 when the respondent testified and called one witness and closed his case and the matter was then adjourned to 19/10/92 for address. The respondent's counsel addressed the court on 19/10/92 after which the trial court on 7/1/93 delivered judgment in favour of the plaintiff/respondent in which he was awarded the sum of N33.390.00.

The appellants then applied to set aside the judgment and their application was dismissed on 16/9/93. Aggrieved by the decision, the appellants have now appeal…

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