(2014) JELR 40162 (CA)    

Court of Appeal  ·  CA/L/310/2001 ·  28 Jan 2014 ·  Nigeria
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
extension of time
relevant court process
rules of the court
said judgment
statement of defence
appellate court
court process
favour of the appellant
good reason
said practice direction
case of williams
high court of lagos state
learned trial judge
mr. isiaka adigun
oral evidence
practice directive
substantial reason
substituted service
voluntary funds society
bailiffs of the court
cross-examination of the bailiff
default of entry of memorandum
distinct prayers
entrance gate of the respondent
first issue
following conditions
fundamental issue
judgment set
leading judgment
notice of appeal
order of the court
relevant originating court processes
relevant process of court
said decision of the court
said default judgment
second issue
service of any process of court
service of the originating process
set aside
substituted service of the relevant court process
testimony of the bailiff
uncontroverted evidence of the bailiff
unpaid balance of the agreed sum of money

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from a ruling by the High Court of Lagos State, in the Lagos Judicial Division, holden at Lagos (the court below) setting aside its judgment given in default of entry of memorandum of appearance plus the failure to file statement of defence by the respondent. The said default judgment that was set aside by the court below was entered in favour of the appellant against the respondent.

Concisely rendered, the appellant was contracted by the respondent to renovate the house of the respondent situate at number 32C Cameron Road, Ikoyi, Lagos. The total contract sum was N1, 803,433.75 (one million, eight hundred and three thousand, four hundred and thirty three naira seventy five kobo). The sum of N987, 000.00 was later paid to the appellant by the respondent for satisfactory renovation work done on the premises by the appellant.

At the end of the renovation of the premises, the unpaid balance of the agreed sum …

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