(2002) JELR 43850 (CA)    
Court of Appeal  ·  CA/PH/160/95 ·  28 Feb 2002 ·  Nigeria
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHEAL EYARUOMA APRIRIOROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd defendant
terms of settlement
1st defendant
2nd defendant
2nd defendants
extension of time
learned judge
further affidavit
default of pleadings
learned trial judge
port harcourt
trial judge
behalf of the appellant
consequential orders
due respect
main building
rivers state high court
temporary structure
1st respondent
3rd respondent
fair hearing
favour of the plaintiff
filing of the motion
further sum
hehalf of the plaintiff
judgment of this court
latter date
leading judgment
mr. a.j. jamabo
mr. o. t. amachree
n. n p. c
open court
part payment of the purchase price
plaintiff appellant
plaintiffs counsel
property development authority
record shows
rivers state
ruling of d. abel-tariah
satisfaction of his rights
settlement negotiations
statement of claim
summary of the genesis of the whole controversy

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the leading judgment): this is an appeal from the ruling of D. Abel-Tariah, J., of the Rivers State High Court siting at Port Harcourt. In the ruling, delivered on 15/12/92, the learned trial Judge entered what we described as "judgment in default of pleadings" in favour of the plaintiff the 1st respondent herein. There were three defendants, i.e., the 2nd and 3rd respondent herein as 1st and 2nd defendant respectively, and the appellant herein as 3rd defendant. The learned Judge made the following consequential orders in the ruling appealed from:

"1. That the terms of settlement filed on 25/4/92 be and is hereby adopted as the judgment of this Court in this suit as between Plaintiff Appellant and the 1st and 2nd Defendant/Respondents.

2. That there is no cost against any of the parties". (Italics mine).

Thus the orders, as the italicized words show, appeared not to have been directed against the 3rd defendant at all but only against the 1st and…

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