UMEZ ENGINEERING CONSTRUCTION CO. LTD & ANOR
V.
ALOZIE
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…