IKONGBEH, JCA (Delivering the Lead Judgment): Only one issue really arises, the second one formulated on behalf of the appellants being conceded on behalf of the respondent. The only issue is the first one formulated in the appellants’ brief and the second one in the respondent’s brief. Put more explicitly, the issue is whether or not the deliberate refusal or neglect by counsel for a party to appear to prosecute his case or defence and the break-down in communication between counsel and client are good enough grounds to seek to set aside a judgment obtained in the absence of the defaulting client.
The respondent herein, as plaintiff, took out a writ of summons against the appellants seeking a number of reliefs for wrongful dismissal. The defendants immediately consulted a legal practitioner, who promptly caused appearance to be entered on their behalf. Shortly thereafter the plaintiff’s statement of claim was filed and served on the legal practitioner. Nothing further was heard from…