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ALHAJI JIMOH DARAMOLA & ANOR v. CHRISTOPHER OLUKOLU

(2017) JELR 37832 (CA)

Court of Appeal  •  CA/L/718/2007  •  19 May 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Justice of Lagos State (the Court below) by which it refused to set aside its default judgment given 28-07-1988, on the grounds that the delay in bringing the application to set aside the judgment which was filed on 04-05-94, a period of about 6 years, without a prayer for extension of time explaining the delay meant the appellants slept on their rights; and that the same application having been dismissed on 19-04-92 by the Court below, differently constituted, for lack of jurisdiction, the Court below lacked the jurisdiction to entertain the application for the setting aside of the judgment and relistment of the substantive suit together with the prayer for the setting aside of the writ of execution and the execution of the said judgment levied on 24-03-94 as well as the prayer for injunction restraining the respondent from repossessing the property situate at No.…

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