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(2021) JELR 107158 (CA)

Court of Appeal  •  CA/C/161/2020  •  6 May 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered on 13th January, 2019 in the High Court of Cross River State holden at Akamkpa.

In the High Court (the Court below), the Respondent was the Applicant. The Appellant was the Respondent.

The Appellant had earlier taken out a writ under the Undefended List against the Respondent. The Appellant obtained judgment as the Respondent did not defend the suit. The Court below made an order nisi in the process of enforcing the judgment. Before the date fixed for the hearing of parties on the Garnishee proceedings the Respondent brought several applications before the Court below. The Respondent abandoned some of the motions but argued the one filed on 20th November, 2012 which was for an order setting aside the judgment in HM/MISC/14/2017 and the order nisi in HM/MISC/14/2017.

The application was brought upon the following grounds:

i. Non-service of the Court processes and the order placing …

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