GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Lagos High Court delivered on 10th January 1985 by Fatiade J. The facts which gave rise to the said ruling are simply that the respondent as plaintiff, on 30th September, 1980 filed Writ of Summons claiming against the Appellant, the sum of Five Thousand Naira (N5,000.00), being the amount he spent in building a bungalow on the Appellant's landed property situate at No.2 Raji Street, Ashogun Village, Ojo Lagos at the request of the Appellant sometimes between 1979 and 1980.
After the writ was filed and served on the Appellant on 17/10/1980, the Appellant did not appear. Thereafter, on 19/11/1980, a motion for judgment in default of appearance was served on the Appellant but he refused or failed to appear or file a defence to the suit.
On 6/1/81, the Appellant having been given further opportunity by the court to prove his case but failed, judgment was entered in his favour by the lower Court in…