ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against part of the ruling of Pedro, J. of the High Court of Lagos State delivered on 7th July, 2006. The fact of the case is that on 13th May, 1996, the 1st Respondent herein as Claimant obtained a default judgment at the lower court against the Appellant. On 27th May, 1996, the Appellant filed a motion on notice asking the court to set aside the said default judgment but the court on 29th November, 1996 delivered its ruling striking out the Appellant's motion. The Appellant as Defendant appealed against the said ruling of the lower court to this Court vide an Amended Notice of Appeal dated 4th December, 1998. However, the Appellant's appeal was dismissed on 2nd June, 1999 for failure to file its Brief of Argument but the appeal was subsequently relisted on 25th January, 2000 vide a ruling of Court and the appeal was heard on its merit and judgment delivered in favour of the Appellant on 18…
NIPSS KURU
V.
KRAUS THOMPSON ORGANISATION & ORS
(2015) JELR 40530 (CA)
Court of Appeal 7 Jul 2015 Nigeria
BriefBot Summary
- The Court of Appeal held that all proceedings arising from the relisting of the Appellant’s appeal—subsequent to the Supreme Court setting aside that relisting—were a nullity; thus, the default judgment of 13 May 1996 was reinstated. - Ke
Case Details
Suit Number:CA/L/703/2008
Judges:SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Counsel:PA Akubo SAN with M. Ozoemena For Appellant
O.T. Opara (Mrs) with A.A. AuduC.A. Anichele For Respondent
Other Citations:(2016) 9 NWLR (Pt. 1517) 236, (2015) JELR 76361 (CA)
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