ARIK AIR LIMITED V. MR. CHRIS EKEMEZIE

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The refusal of the Federal High Court sitting in Lagos (the court below) to grant an application to set aside its judgment given in default of appearance/defence against the appellant in favour of the respondent brought about the appeal.

It is sufficient to state briefly such of the facts as are immediately relevant to the issues to be determined in the appeal in this vein. The respondent sued the appellant at the court below for breach of contract of carriage by air. The appellant did not enter appearance nor filed defence to the action. The respondent moved the court below for judgment in default of appearance and defence. The court below granted the application and entered judgment in the sum of N2,038,000.00 in favour of the respondent against the appellant for breach of contract.

The appellant applied to the court below to set aside the said judgment. In a considered Ruling the court below refused the application o…