UAC OF NIGERIA LTD
V.
FASHEYITAN & ANOR.
·
U.A.C. (Nig.) Ltd. v. Fasheyitan (1998) 11 NWLR (Pt. 573) 179
BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant company entrusted goods to the defendants/respondents to be transported by them from Lagos to Kaduna where the appellant had a branch. The goods were not delivered at Kaduna or anywhere and they were not returned to the plaintiff/appellant either. Upon this the plaintiff claimed against the defendants the sum of N42,250.00 being the value of the goods and interest at the rate of 5% from the date the writ was taken out until the final judgment. The plaintiff claimed he had difficulty in serving the writ on the defendants/respondents and prayed and got order for substituted service on them whereby service would be effected on the respondents' premises.
On the bailiff making a return that the substituted service had been effected, the plaintiff then moved for judgment in default of appearance by the respondents. However, upon receipt of motion papers for judgment in default, the respondents brought a motion to set aside th…