N.A.C.B. Ltd. v. Ozoemelam (2005) 7 NWLR (Pt.925)552 N.A.C.B. Ltd. v. Ozoemelam (2005) 7 NWLR (Pt. 925) 552
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria
BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria
ABUBAKAR ABDULAKADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
high court of kaduna state
learned trial judge
kaduna state high court
judgment of this court
learned trial court
extension of time
determination of this application
further execution of the judgment of this honourable court
28th day of may
such party fails
hearing of this application
circumstances of the present case
days of the delivery of such judgment
provisions of order
submission of the learned counsel
favour of the applicant
judgment of the lower court
lack of interest
proceedings of the 1st february
default of the defendant
grounds of appeal
briefs of argument
enlargement of time
lower court ought
mr. appolous chikezie
principle of audi alteram partem
further support of his argument
circumstances of this case
SALAMI, J .C.A. (Delivering the Leading Judgment): In the High Court of Kaduna State, sitting in Kaduna, the appellant applied under Order 21 rule 3(1) and (2) and Order 36 rule 9 of the Kaduna State High Court (Civil Procedure) Rules, Cap. 68 of the Laws of Kaduna State of Nigeria, 1991, praying for the following reliefs-
"1. Extension of time within which to apply to set aside the judgment of this court dated 28th day of May, 1999, delivered in favour of the plaintiff in default of the defendant's appearance.
2. Setting aside the judgment of this court in this suit, originating summons delivered in default of the defendant's appearance on 28th May, 1999.
3. An order staying further execution of the judgment of this Honourable Court particularly the sale of the defendant's bus Toyota Reg. No. AJ 966 DKA pending the determination of this application.
4. An interim order releasing the afore-described vehicle before or at the hearing of this application."
The learned trial Judge, in …
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