EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgement): Following conclusion of pleadings in Suit No. EHC/436/2000 that was filed on 20-12-2000 and after the suit was struck out for want of prosecution 4-1-2006 and relisted upon the plaintiff's application filed on 26-1-2006, hearing commenced on 20-5- 2009. The 1st respondent herein (the sole defendant as 2nd respondent's name was struck out as 2nd defendant) was absent during the said hearing inspite of the service on him of the notice of that day's hearing. The appellant herein as plaintiff elicited evidence to prove its claim through PW1. After the conclusion of PW1's evidence, the 1st respondent herein and its counsel were not present to either cross-examine the PW1 or respond to the situation in any other way. The plaintiff closed its case with the evidence of PW1 and asked for Judgment granting the reliefs it claimed for in the 2nd further amended statement of claim on 27- 4-2010.
The trial court after considering that t…