(2018) JELR 39059 (CA)    

Court of Appeal  ·  CA/OW/125/2014 ·  28 May 2018 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
instant case
learned trial judge
default judgment
set aside
judgment of the trial court
power of attorney
2nd claimant
case of the appellants
judgment of the lower court
lack of fair hearing
notice of appeal
said court
claims of the appellants
earlier decision
fair hearing
general position of the law
high court of imo state
instant appeal
subject matter
trial judge
appellants brief of argument
april 21st
behalf of the respondent
breach of the 1st claimant
constitutional right
dead person
disturbance of the 2nd claimant
favour of the respondent
general position
grant of a customary right of occupancy
grounds of deceit
high court of imo state holden
initial action
judgment affects
lead counsel l.i. elekwachi
leading judgment
null judgment of 4th april
order of court
question of the competence of their action
registry of the lower court
respect of his counter-claim
trial court exercise
unjust decision
v. jowesco nigeria ltd

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 10/6/2013 by the High Court of Imo State presided over by Hon. Justice C.I. Ohakwe (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The lower Court in its judgment dismissed the case of the Appellants as claimants before it and entered judgment in favour of the Respondent (i.e. Defendant before the said Court) in respect of his counter-claim.

The case was tried on pleadings filed and exchanged by the parties and in respect of which they adduced evidence. The claims of the Appellants against the Respondent are as follows: -

1. A Declaration that the default Judgment delivered by the High Court of Imo State Holden at Iho in the Mbaitoli/Ikeduru Judicial Division presided over by His Lordship Hon. Justice G. C. Ihekire on the 8th day of July, 2004 in Suit No: HMI/11/2003 Keside Alozie and Anor. V. Jowesco Nigeria Ltd and 2 Ors…

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