UDOKA
V.
AKANGSON

(2018) JELR 38786 (CA)

Court of Appeal · CA/C/41M/2010 · 29 Jun 2018 · Nigeria

CORAM

IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

counsel

extension of time

case

fair hearing

motion

respondent

learned trial judge

chief judge

lower court

statement of claim

transfer of the case

chief judge of the state

late husband

trial

trial judge

writ of summons

4th application

first issue

fourth time

inference of bias

issues

judicial process

likelihood of bias

samuel ikpo esq

ample opportunity

appellant extension of time

appellants amended brief of argument

basis of the case

circumstances of the entire case

civil cases

complete agreement

considered judgment

criminal jurisdiction

et al

federal housing authority v. kalejaiye

firm view

grounds of deprivation of fair hearing

instant case

judicial proceedings

leading judgment

lower courts survey of the history of the case

public policy

second issue

similar issues

stephen jonah adah

transfer of case

transfer of the said case

wanton act of disregard

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent in this appeal as the Plaintiff at the Lower Court had commenced proceedings by writ of summons at the Ikot Ekpene Division of the High Court of Akwa Ibom State claiming the sum of N500,000.00 (Five Hundred Thousand Naira) as damages for trespass and an order of perpetual injunction against the Appellant as Defendant. The Respondent filed his statement of claim. Both the writ of summons and the statement of claim were duly served on the Appellant but he did not file any defence thereto.

The Appellant was given several opportunities to file his statement of defence by the Court below. On the 15th of May, 2007, the Court granted the Appellant extension of time to file his defence and plan (see pages 69-70). Appellant failed to file his defence as ordered. Again on the 27th of November, 2007, the Appellant filed another motion for extension of time to file his defence, it was again granted by the lower Cou…

UDOKA V. AKANGSON

UDOKA
V.
AKANGSON