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MANGAJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Bdliya J. sitting in the High Court of Borno State, Maiduguri Judicial Division wherein the Respondent as plaintiff obtained judgment in terms of all the reliefs he sought in his statement of claim. That judgment was dated 21st May, 1996 but signed on 24th May, 1996.
Aggrieved by the judgment, the Appellant as Defendant, filed a notice of motion seeking the indulgence of the Court below for the following reliefs:-
"An order granting leave extending time within which to apply to set aside judgment of this Honourable court in suit No.M/66/95 dated 21st May, 1996.
An order setting aside the judgment of this Honourable court in default of defence/pleading dated 21st May, 1996 in suit No.M/66/95.
An order for leave to the Defendant/judgment debtor/applicant to file his statement of defence out of time.
An order for leave to recall all the plaintiff/judgment creditor/respondent's witnesses and to be…