OGUNBIYI JCA (Delivering the Lead Judgment): This is an appealfrom the ruling of Honourable Justice Adefope Okojie sitting at the High Court Ikeja dismissing the appellant’s application to set aside her default judgment.
The suit leading to the appeal proceedings was instituted in 1994. The initial trial was commenced before Hon. Justice Martins of the High Court of Lagos State, Ikeja Division. Following the retirement of the said Judge, the suit was assigned to Adefope-Okojie J. who therefore commenced trial de nov o.
The plaintiffs/respondents instituted the suit against the 1st defendant/ appellant claiming entitlement to right of occupancy to a parcel of land in possession of the 1st defendant/appellant. The 2nd and 3rd defendants were later joined. Subsequently, the appellant filed a summons on notice dated 30th
July, 1998 wherein it sought for an order striking out the plaintiffs/respondents’ claim as offending the doctrine of res judicata . The trial Judge heard and dismisse…