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(2021) JELR 109634 (CA)

Court of Appeal  •  CA/E/824/2018  •  23 Apr 2021  •  Nigeria

Ahmad Olarewaju Belgore, JCA Ita George Mbaba, JCA Joseph Olubunmi Kayode Oyewole, JCA


ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant had filed a motion at the lower Court, praying it to set aside its decision in suit no. E/421/2017, being a default Judgment and according to him, obtained fraudulently. In that motion, Appellant (as Applicant) had contended that the process of Court in the suit were not served on him; that he got wind of the suit on 16th August, 2018, when the Respondent came to paste the writ of execution of a judgment on Plot 38A New Town Layout.

Appellant claimed that the clerks of the lower Court were working in the tandem with the Respondent to frustrate his (Appellant’s) attempt to challenge the default judgment. The trial Judge was not impressed and Appellant alleged the judge was infuriated and even denied him (Appellant) a reply on points of law to the motion.

In her ruling, the lower Court dismissed the motion, saying that Appellant did not even display his statement of defence, and did not prove the fraud by the Respondent…

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