DANSA FOODS (NIG) LTD DANGOTE GROUP LIMITED V. MR. PRECIOUS N. ISONG (TRADING UNDER THE NAME & STYLE OF FAIR SHARE INVESTMENT (NIG) LTD)

AKAAHS JCA (Delivering the Lead Judgment): Judgment on the undefended list was given in favour of the plaintiff/respondent against the defendants/appellants in the sum of N3,374,000.00 (three million, three hundred and seventy-four thousand naira) being the value of 15 metric tons of cocoa supplied by the plaintiff to the 1st defendant and interest at the rate of 21% per annum on 21 June 2006. The defendants/judgment debtors applied to set aside the said judgment on the ground that it was given without jurisdiction and therefore a nullity but the application was found to be incompetent and the learned trial Judge dismissed the application by holding that the applicants’ remedy lay in an appeal against the judgment and not by a motion to set aside. Consequently, he dismissed the motion and this prompted this appeal.

The appellantsframed three issues for determination in their amended brief which are:

1. Whether the suit upon which the judgment of 21 June 2006 was given was properly con…