KOLAWOLE, J.C.A. (Delivering the Lead Judgment): This appeal is against the ruling of Bamgboye, 3. delivered on 8 January 1979 in which the learned Judge refused to set aside a judgment obtained in the absence of the defendants on 26 April 1978. The appellants in this appeal were the defendants at the Lagos High Court in which the plaintiffs who are the present respondents claimed the sum of N7,338.86k as special and general damages for loss sustained as a result of the robbery committed on the premises of the 2nd respondent at 39 Tejuosho Street, Surulere Lagos State on 4 May 1969. The appellants were the insurers of the respondents company's goods and chattels against theft, burglary and fire.
The main issue of contest in this appeal is whether the appellants were properly served with hearing notice before the hearing on April 19, 1978 and after which judgment was obtained on Wednesday, April 26,1978.
The background facts are available from the pleadings of the parties. It is admitted…