(2006) JELR 38677 (CA)    

Court of Appeal  ·  CA/E/52/2002 ·  27 Apr 2006 ·  Nigeria
Other Citations
Umeadi v. Nnamani (2007) 3 NWLR (Pt.1021) p.219
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial court
independence layout
7th november
continuation of hearing
rule of fair hearing
statement of claim
declaratory judgment
favour of the plaintiffs
grounds of appeal
preview of the lead judgment
trial judge
1st defendant
appellant call
award of general damages of n1.5m
breach of fair hearing
brother rowland jca
contention of the learned counsel
default judgment of high court of enugu state
default of the defendant
director of the 2nd respondent
existence of his legal right of reversion
finding of the learned trial judge
firm view
high court rules of anambra state
issue number
leading judgment
legal rights
much ado
ogebe j.c.a.
proceedings of the trial court
recall of pw1
relief of injunction
respect of the said application
said ruling of the lower court
second issue
supreme court

ROWLAND, J.C.A. (Delivering the Leading Judgment): This is an appeal against the default judgment of 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, Independence 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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