(2000) JELR 50872 (CA)    

Court of Appeal  ·  CA/PH/65/98 . ·  11 May 2000 ·  Nigeria
Other Citations
Ogolo v. Ogolo (2000) 14 NWLR (Pt. 686) 157
Core Terms Beta
statement of defence
learned trial judge
default judgment
notice of preliminary objection
statement of claim
trial court
alhaji osho
hearing of the suit
lead judgment
rules of court
alhaji oso
cause of action
chief of main ogolo house
final judgment
senior advocate of nigeria
set aside
valid reason
28th day of january
above case
alhaji osho’s chambers
alleged suit no. nob
case file
cognisance of the said notice of preliminary objection
competence of the court
date counsel
decision of the high court of rivers state
facts of the case
following day
following orders
formal application
good reason
good reasons
ground of the ill health of the appellant
guiding principles
learned counsel
mr. j. kehinde
periodprescribed bythe rules of court
said notice of preliminary objection
said proceeding of 13th february
serious defence
support of the declaratory relief
supreme court
trial judge

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,…

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