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OGUNDARE, J.C.A. (Delivering the Lead Judgment): By a writ of summons issued out sometime in 1979 the plaintiffs claimed from the defendant a total sum of N20,000 being special and general damages for the sale to them by the defendant of a defective 25 KVA generator. The parties filed and exchanged pleadings. A reply was also filed. After a number of adjournments hearing commenced by 1st plaintiff giving evidence. In the course of this evidence leave was sought and obtained to amend plaintiffs' Reply. The 1st plaintiff subsequently concluded his evidence and was cross examined by learned counsel for the defendant.
At the conclusion of 1st plaintiff's evidence, the plaintiffs closed their case and on the application of the defence counsel further hearing was adjourned for the defence to present its case. On the adjourned date the defendant was absent and further hearing was again adjourned to another date. On this new adjourned date the defendant was again absent the case was once agai…