OREDOLA JCA (Delivering the Lead Judgment): This is an appeal A against the ruling of Enefiok Udoh, J. of the High Court of Akwa Ibom State, sittingat Ikot - Ekpene Division. The said ruling was delivered on 15 October 2008 wherein the learned trial judge dismissed the application to set aside the judgment of the trial court, previously delivered on 19 June 2007 in the suit against the defendants.
The facts which led to this appeal are as follows. On 12 May 2006 , the respondents as plaintiffs filed an ex-parte motion, wherein they prayed for the following reliefs.
“An order issuing the writ of summons in this case under the undefended list and having same marked accordingly. An order granting leave to the applicants to serve the writ of summons and other court processes in this case on all the respondents out of the jurisdiction of this court at No. 38, Ezeogidi Road, Uruaga, Nnewi Local Government Area, Anambra State. An order allowing service of the writ of summons and other cour…