MOHAMMED LAWAL GARBA, J.C.A. (Delivering the leading Judgment): The Respondents herein had sued the Appellants before the High Court of Akwa Ibom State sitting at Ikot Ekpene in suit No.HK/3/1993 which was later transferred to Ikono Division of that court. After trial, judgment was entered in favour of the Respondents on the 6/4/2004 and after execution of the said judgment against the property of the 1st Appellant in 2007, the Appellant applied to the High Court unsuccessfully, to set aside the execution. On the 21/7/2010, the Appellants filed another application before the High Court seeking the following reliefs:-
1. An Order of court extending time for the Defendant/Judgment Debtor/Applicants to apply for setting aside of the judgment that was delivered on 6th April, 2004 by this honorable court in suit No.HKN/3/2003 in violation of or contrary to the principles of fair hearing.
2. An Order setting aside the judgment that was delivered by this honorable court on 6th April, 2004, i…