(1998) JELR 45603 (CA)    

Court of Appeal  ·  CA/B/156/95 ·  4 Feb 1998 ·  Nigeria
Other Citations
Akinriboya v. Akinsole (1998) 3 NWLR (Pt.540)
Akinriboya v. Akinsole (1998) 3 NWLR (Pt. 540) 101
OKAY ACHIKE Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
default judgment
trial judge
lower court
appellate court
2nd defendant
3rd may
good defence
trial court
civil procedure
learned trial judge
mr. adefope ajayi
affidavit evidence
exhibit c
statement of defence
1st defendant
3rd defendants
open court
real issue
set aside
ondo state high court rules
rules of the court
attached exhibits
circumstances of this particular case
consecutive days
consent of both counsel
defence of the defendant
due consideration
effect of such judgments
exclusive preserve of akintimehin family of ore
exercise of his discretion
final address of counsel
high court ondo state
interest of this appeal
interlocutory decision of the lower court
judge of the lower court
judgment set
leading judgment
may 4th
mr. g.o. ojo
ondo state rules of the high court
said date
support of the application of the applicant

ACHIKE, J.C.A. (Delivering the Leading Judgment): This appeal puts in focus the term usually referred to as "default judgment". The scope and effect of such judgments, seems to me to be the thrust and interest of this appeal.

In their suit at the High Court Ondo State holding at Ondo, the plaintiffs claimed against the defendant as follows:

(a) Court's Declaration that it is an exclusive preserve of Akintimehin Family of Ore/Odigbo to present a candidate for the stool of Bale of Ore.

(b) Declaration that the purported rotational method sought to be applied by the 1st defendant in filling the vacant stool to the 2nd and 3rd defendants is inequitable, unjust, unlawful, null and void and runs counter to the established system of appointing a Bale at Ore.

(c) Perpetual Injunction restraining the 1st defendant, his agents, servants or whosoever from interfering with the age long tradition and customary rights of Akintimehim Family by selecting for appointment, under native law and custom, …

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