(2000) JELR 43905 (CA)    

Court of Appeal  ·  CA/L/4/86 ·  13 Jun 2000 ·  Nigeria
Other Citations
Rabiu v. Sunmonu (2001) 4 NWLR (Pt. 704)439
Rabiu v. Sunmonu (2001) 4 NWLR (Pt. 704) 439
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
trial court
oral evidence
learned trial judge
affidavit evidence
alternative issue
grounds of appeal
lower court
preliminary objection
writ of summons
judgment of the lower court
1st issue
judgment debt
no.2 raji street
notice of appeal
such leave
apparent conflict
appellate court
case file
copy of the lead judgment
deeming order
final judgment
guiding principles
high court
leading judgment
leave of the high court
leave of this court
main reason
movable properties of the appellant
paras d
peculiar facts of the case
provisions of the illiterate protection law
request of the appellant
respect of the evidence of the writ
ruling of lagos high court
said judgment
said sikiru babatunde subair
service of the writ of summons
superior courts of record
view of the extraneous matters

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…

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