MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, sitting at Ughelli in its appellate jurisdiction, delivered on 12/07/2007 in Suit No. UHC/2A/2003.
In the said judgment, the lower Court dismissed the appellants appeal against a ruling of Ughelli North Area Customary Court refusing to set aside a default judgment delivered by that trial Court on 12/10/1998. The ruling against which the appellants appealed to the lower Court was delivered by the Ughelli North Area Customary Court on 04/10/2002.
The facts of the matter leading to the appellants appeal to the Court below were ably summarized and set out by the lower Court in its judgment of 12/07/2007 as follows:
The respondents as plaintiffs took out a claim against the present appellants as defendants at the Area Customary Court hereinafter called the lower Court or the Court below. The action was in respect of land called Ekeremor land situate …