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AFRICAN PETROLEUM PLC v. JERRY AND KOS ENTERPRISES LTD

(2013) JELR 35812 (CA)

Court of Appeal  •  CA/L/669/2011  •  8 May 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; RITA NOSAKHARE PEMU JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): This appeal is against the refusal of the Lagos State High Court to set aside the Judgment entered in default of appearance against the Appellant on 1/2/2010. The Respondent had, by a Writ of Summons dated 28/5/2009, instituted an action against the Appellant at the High Court Badagry, wherein it sought for -

a. A Declaration that the 1st Defendant's right to possession of the Claimant's property at KLM 52, Badagry Expressway, Ibereko, Badagry Lagos State expires by effluxion of time on the 18th of August, 2006

b. An Order directing the 1st and 2nd Defendants to vacate forthwith the Claimant's property at KLM 52, Badagry Expressway, Ibereko, Badagry, Lagos State

c. The sum of N30,000.00 only per month as mense profit and/or for use and occupation of Claimant's property at KLM 52, Badagry Expressway, Ibereko, Badagry, Lagos State from September 2006 until possession is given up.

Apparently, the Appellant was served with all t…

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