DR. A.A AZIE VS COMMISSIONER OF LANDS, EASTERN REGION
September 10, 2025E. B. SORUNKE VS J. D. ODEBUNMI
September 10, 2025Legalpedia Citation: (2022-02) Legalpedia 92827 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Nov 17, 1960
Suit Number: SC 154/1960
CORAM
ABOTT, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
FOUAD MICHAEL ELIAS
RESPONDENTS
AREA(S) OF LAW
DEFAULT JUDGMENT – PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The lower court granted the respondent judgment in default of pleadings as set out in the writ but the statement of claim contains facts to the effect that the respondent has interest only in part of the lease in issue.
HELD
The court held that though the appellant had not shown a good defence or reason for failure to appear and file pleadings in the matter, the lower court should have set aside the judgment and allows the appellant to defend.
ISSUES
Whether the High Court was right to have refused to set aside the judgment given in default of pleadings.
RATIONES DECIDENDI
SETTING A DEFAULT JUDGMENT ASIDE.
‘the grant or refusal of an application to set aside a default judgment is a matter of the discretion of the Court before whom the application is made’ Per Abbot F.J
CASES CITED
Evans v. Bartlam (1937) 2 A.E.R. 646, 1937 A.C.473
STATUTES REFERRED TO
Not Available
