SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the Ughelli High Court, Delta State as contained in the Ruling of OHWO J. delivered on the 5th of February, 2009 in an application brought by the Applicants (as Applicants therein) for an order to set aside the default Judgment of the Warri High Court (Coram MAKWE J.) that default Judgment was given mainly because the Appellants (as Defendants) did not file their Statement of Defence.
The Appellants after so many attempts filed an application on the 17th of November, 2008 to set aside the said Judgment. The application and the Supporting affidavits and exhibits are on pages 86 to 95 of the Record of Appeal. It was argued on the 28th of January, 2009. The proceedings in respect thereof are on pages 116 - 117 of the Record of Appeal. The Ruling of the Court in respect thereof which is now being appealed against is on pages 143 to 158 of the Record of Appeal. The Notice of Appeal upon whi…