AGENA & ANOR
V.
KATSEEN
·
Agena v. Katseen (1998) 3 NWLR (Pt. 543) 560
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…