DENNIS ONYEJIFE EDOZIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Calabar High Court delivered on 5/10/98 by Uke, J. in which he declined to set aside the judgment of the same court in the same suit No. C/120/96 delivered on 16/12/97 by Onnoghen, J. as he then was. The facts which gave rise to the suit are not relevant for the determination of this appeal to warrant a comprehensive statement thereof. Suffice it is to say that the case arose from the offence of obtaining money by false pretences allegedly committed against the plaintiff herein 1st respondent by the 1st, 2nd and 3rd defendants and designated in this appeal as 2nd, 3rd respondents and appellant respectively. For clarity and avoidance of confusion, the parties are henceforth to be referred by their descriptions in the court below. The three defendants acting in concert through a letter purportedly written by the plaintiff's brother resident in the United States of America falsel…