SALAMI, J.C.A. (Delivering the Leading Judgment): In the High Court of the Cross River State of Nigeria, in the Calabar Judicial Division, Ecoma. C.J. on 20th November, 1995 awarded in favour of (he plaintiffs damages, both general and special, of N1,445,000.00 as well as costs assessed at N3,000.00. The defendants were thoroughly aggrieved by the decision and appealed against same on 20th June, 1997 pursuant to an order extending the time within which to bring the appeal.
The defendants, prior to filing the afore-mentioned notice of appeal, applied to the court below for an order setting aside the judgment allegedly obtained in their absence. The application was refused on 26th November, 1996 by Arikpo. C.J., the former trial Chief Judge having retired on attaining the statutory age of retirement. The defendants being equally aggrieved by the refusal filed a notice of appeal against the ruling rejecting the appellants' application to set aside the said judgment.
The issues raised by …