AKPIROROH, JCA: (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Rivers State delivered by Hon. Justice Olukole
J., on 28th day of January, 1997 refusing to set aside the judgment entered in default against the appellant for failing to file his statement of defence.
At this stage, it is pertinent to state the facts of the case briefly.
By a writ of summons, dated 3rd December, 1993 and duly served on the same day, the respondent claimed inter alia a declaration - that the plaintiff is the duly elected and recognised Chief of Main Ogolo House and the head of Diepiri A Section and perpetual injunction restraining the defendant from acting or parading himself as the Chief of Main Ogolo House and Head of Diepiri Section. The defendant entered an unconditional appearance through his counsel on 24/5/94. Following a formal application on notice for enlargement of time for filing the statement of claim, the trial court granted same on 13th February,…