SANUSI JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Kogi State High Court, sitting in its appellate jurisdiction (the lower court) delivered on 20 October 2006. The facts of the case are that the respondent as plaintiff in suit No.
CV/97/2005, before the Upper Area Court, Idah Kogi State (the trial court for short) sued the appellant as defendant thereat and claimed the sum of N100,000.00 (one hundred thousand naira) only, as damages for malicious prosecution.
When the matter first came before the trial, the appellant was present and the claim was read to him, he pleaded not liable and the matter was then adjourned to 22 July, 2005 for hearing.
On 22 July, 2005, the appellant was not in court and was also unrepresented. The court then adjourned the matter to 10 August 2005 for hearing. No evidence was shown that hearing notice was served on him.
Then, on 10 August 2005, the appellant did not show up again (eventhough no evidence of service on him) and t…