May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 93121 In the Supreme Court of Nigeria HOLDEN AT ABUJA Thu Mar 4, 2010 Suit Number: SC.330/2008 CORAM OLABODE RHODES VIVOUR DAHIRU […]
CORAM
OLABODE RHODES VIVOUR
DAHIRU MUSDAPHER , JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN , JUSTICE, SUPREME COURT
PARTIES
CHIEF EMMANUEL BELLO APPELLANTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The respondent at the trial court set aside the judgment obtained in favour of the appellant on the ground that it was a default judgment. The court of appeal upheld the order and now the appellant has appealed.
HELD
The appeal was allowed and the order of the trial court and that of the court of appeal were set aside.
ISSUES
Whether the judgment of the Abuja Division of the Federal High Court or trial Court given on 4th April, 2007 was a default judgment which is also a nullity as affirmed on appeal by the Court of Appeal by virtue of the non service of the originating processes on the 2nd Respondent which was entitled as of right, to apply to the trial Court and have that judgment set aside.
RATIONES DECIDENDI
CASES CITED
1. Ademuluyi & Anor. v. African Continental Bank Ltd. (1965) N. W .L.R. 24;|2. Obinmonure v. Erinosho (1966) 1 All N .L.R. 250;|3. West African Auto-mobile & Engineering Co. Ltd. V. Ajanaku (1972) 2 U .I.L.R.335;|4. Skenconsult H.(Nigeria) Ltd. V. Ukey (1981) 1 S.C. 6|5. Adegoke Motors ltd. V. Adesanya (1989) 3 N.W.L.R. (Pt. 109) 250.|6. Peenock Investment Ltd. V. Hotel Presidential (1982) 12 S.C.1.
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 1999|