ROWLAND JCA (Delivering the Lead Judgment): This is an appeal against the default judgment of the High Court of Enugu State holden at Enugu and presided over by Agbo J. (as he then was). The judgment was delivered on 7th November, 2000 wherein declarations, injunction and damages were granted in favour of the plaintiffs/respondents over ownership of plot 164, Independent layout, Enugu. There is no doubt as borne by the records that this case had a chequered history. It was commenced by a writ of summons filed on 13/3/95. After the 1st defendant was served with the writ of summons , it would appear that he refused or neglected to appear before the trial court to ask for pleadings in compliance with Order 9, rule 3 of the High Court Rules of Anambra State. The plaintiffs by a motion filed on 16/4/96 prayed the trial court for an order to accept their statement of claim in default of the defendant asking for pleadings. The motion was granted as prayed. See pages 6 to 10 of the records.
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