(2018) JELR 38786 (CA)    

Court of Appeal  ·  CA/C/41M/2010 ·  29 Jun 2018 ·  Nigeria
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
extension of time
fair hearing
learned trial judge
chief judge
lower court
statement of claim
transfer of the case
chief judge of the state
late husband
trial judge
writ of summons
4th application
first issue
fourth time
inference of bias
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…

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