OKOMA
V.
UDOH
·
Okoma v. Udoh (2002) 1 NWLR (Pt. 748) 438
OPENE, J.C.A. (Delivering the Leading Judgment): In this case, the plaintiff who is now the respondent brought an action against the defendant/appellant and one Chief Felix Assam at Ikom High Court claiming against them for possession of a cocoa farm or the sum of N8 million damages in alternative. On 27/7/99, Michael Edem J. entered judgment in default of a statement of defence for the sum of N50,000.00 as general damages or in the alternative in line with paragraph 17(1) (2) (3) of the statement of claim. The appellant who was the 2nd defendant thereupon filed a motion to set aside the ruling with a prayer for stay of execution pending the determination of the application. He also filed a notice of appeal against the said judgment and also a motion for a stay of execution pending the determination of the appeal.
On 26/8/99, the plaintiff filed a motion for committal which was fixed for hearing on 1/9/99 and this was served on the appellant's wife when the matter came up for hearing …