SALAMI, J.C.A. (Delivering the Leading Judgment): In this appeal, the plaintiff is seeking to contest the decision of High Court of Lagos State, setting aside its own decision in suit No. ID/1172/95. The ruling set aside a judgment given in default of appearance and statement of defence.
The writ of summons and other processes in this suit were served on the defendants by pasting same on the walls of No. 16, Ajileye Street, Ilaje, Bariga, being the last known address of the defendants pursuant to an order of substituted service granted by the trial Court. In spite of the service, the defendants neither filed their memorandum of appearance nor filed their statement of defence. The plaintiff, in addition to calling three witnesses, testified in support of his claim. His counsel addressed the court before judgment was entered in his favour on 27th November, 1998.
Thereafter execution was duly levied on the 5th February, 1999. It was after the execution had been carried out that the defe…