OYEBISI F. OMOLEYE, J.C.A. (Delivering the Lead Ruling): The applicant was the plaintiff at the High Court of the Federal Capital Territory, Abuja where he claimed against the respondents as defendants in an action founded on libel for the sum of One Billion Naira as damages. The action at the trial court was undefended though hearing notices were served on the appellants. Upon conclusion of the case, the learned trial Judge - Kuti J., entered judgment in favour of the applicant in the said sum of One Billion Naira claimed against the respondents as damages.
After judgment was delivered by the trial court, the respondents filed a motion in that court to set aside that judgment which motion was refused. Dissatisfied with the judgment, the appellants filed a notice of appeal to this court on 5/4/02.
The applicant filed a motion on Notice on 27/4/05 asking for the appeal to be dismissed.
The Motion on Notice was predicated on the following grounds:
"(a) That the subject matter of this ap…