F.B.N. PLC.
V.
ASUBOP & CO. (NIG.) LTD

(2003) JELR 50966 (CA)    

Court of Appeal  ·  CA/C/53/2001 ·  20 Mar 2003 ·  Nigeria
CORAM
SIMEON OSUJI EKPE, JCA ISTFANUS THOMAS, JCA
Core Terms Beta
appellant
plaintiff
order
applicant
counsel
rule
high court
want of diligent prosecution
28th october
civil procedure
good cause
lower court
affidavit evidence
honourable court
learned trial judge
rules of akwa ibom state
akwa ibom state
default judgment
provisions of order
suit no. hu
application of the plaintiff
default of the appearance of the plaintiff
failure of the learned trial judge
honourable justice ntem isua
above application of plaintiff
absence of the plaintiff
akwa ibom state high court
appellant’s claim
applicant’s case
applicant’s failure
chequered history of this case
circumstances of this case
counter affidavit
date of judgment
dismissal judgment
final decision
following cases
high court no.
hon. justice l. j. dosunmu
j. assuming
lead judgment
learned counsel
respondents’ indebtedness
ruling of essang
said rule of the high court
service of mrs. sabena akpa
stage of the trial
such counter-claim
suit of the appellant

ROWLAND, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Essang, J. in suit No. HU/219/92, delivered on 31/10/ 2000, at the Akwa Ibom State High Court, sitting at Uyo.

The appellant as plaintiff, sued the defendants now respondents claiming the sum of N309,650.58k (Three hundred and nine thousand, six hundred and fifty naira, fifty eight kobo) as the respondents’ indebtedness to it, with interest at the rate of 28% from 21-10-92 until the whole debt is liquidated. As borne by the records, on 28-10-98, the lower court entered judgment dismissing the suit of the appellant for want of diligent prosecution because of the absence of the plaintiff/appellant and their counsel. The plaintiff/appellant applied to the lower court on 27-7-99, praying for the following reliefs: “1. An order extending the time for the plaintiff/appellant to apply to set aside judgment delivered in suit No HU/219/92 on 28th October, 1998. 2. An order setting aside the judgment delivered…

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