JIMI OLUKAYODE BADA, J.C.A, (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Anambra State holden at Onitsha in Suit No:-0/22/2002 Noclink Ventures Ltd. and 1 other V. Chief Okey Muo Aroh and 1 other delivered on 20/5/2005.
The appellants by their Statement of Claim had claimed against the respondents jointly and severally the sum of N12,000,000.00 being debt due from the respondents to the appellants.
Even though the Respondents did not appear in court nor filed any defence, in a judgment delivered on 11/3/2003, the sum of NI2,000,000.00 was awarded in favour of the appellants with N20,000.00 cost against the respondents.
By a motion dated 27/7/2003 and filed on the same date, the 2nd respondent had prayed for
- An order setting aside the Judgment of the lower court delivered in suit No:-0/22/2002 on the ground that the court entered the said judgment without jurisdiction.
The trial court heard the application and the said judgment deliver…