CORAM
PARTIES
1. MR. MICHAEL KOLADE LAWANSON
2. MR. OLAROTIMI LAWANSON
3. MR. GBOLAHAN LAWANSON
4. MRS PATRICIA APOKO LAWANSON
APPELLANTS
1. MRS. CECILIA OLA AKUNNA
2. MRS. AYO MAJEKODUNMI
3. MR. AKIN LAWANSON
4. MR. IDOWU LAWANSON?
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondents as Claimants instituted an action against the Appellants as Defendants at the High Court of Lagos, Ikeja Judicial Division, by a writ of summons. After the Appellants failed to appear for the pre-trial sessions, and upon an application by the Respondents’ Counsel by virtue of the provisions of Order 25 Rule 6 (b) of the Rules of the court, the trial court entered default judgment in favour of the Respondents as per the writ of summons and statement of claim. The Appellants filed an application praying for an order to set aside the default judgment of the court but same was dismissed. The Appellant unsuccessfully filed another application for an order setting aside the default judgement when an application for writ of possession filed by the Respondent was being heard hence, the instant appeal.
HELD
Appeal Allowed
ISSUES
1. Whether the learned trial judge, coram Alogba, J., was right in dismissing the Appellant’s application to set aside the default judgment entered against the Appellants on 3rd February, 2009?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1999 (as amended)