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(2011) JELR 52162 (CA)

Court of Appeal  •  CA/K/127/2008  •  19 Jan 2011  •  Nigeria

MARY U. PETER-ODILI JCA (Presided and Read the Lead Judgment) THERESA N. ORJI-ABADUA JCA (Dissented) JOSEPH TINE TUR JCA


PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal against the ruling/decision of Honourable Justice AishaA.R.D. Muhammad of the High Court of Kano, delivered on 7 April 2008. Proceedings leading to this appeal emanated from the High Court of Kano No.10 between the defendant/appellant and the plaintiff/respondent, where the trial court refused to set aside its judgment entered on 12 October 2006, under the undefended list procedure.

Facts :

The trial court entered judgment in favour of the respondent in a matter under the undefended list which the appellant denied being served with the writ of summon and also that appellant was not served with the hearing notice for the date of hearing. According to the appellant, he was not aware of the matter and the said judgment which was not served on him until sometime in May 2007 when he was confronted by the plaintiff, the police and court officials from FederalCapital Territory, High Court,Abuja, whereby some of his moveable …

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