UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Borno State by P.H. Nggada, J. in suit No. BOHC/BU/CV/001/2016 dated the 24 day of May, 2016; wherein the learned trial Judge granted the Respondent all the reliefs he sought.
The Respondent herein as Claimant at the trial Court by a writ of summons filed on 20th January, 2016 claimed against the Appellant who was the Defendant both declaratory and injunctive reliefs.
Upon service of the Court processes in the suit on the Appellant herein, he filed a statement of defence. At the close of pleadings, the Respondent herein in compliance with the Rules of the Borno State High Court (Civil Procedure) Rules, 2012 applied for the case to be set down for pre-trial and scheduling proceedings. This was served on the Appellant who did not participate at the pre-trial and scheduling proceedings.
On the 1st sitting of the trial Court on 22nd March, 2016, parties were absent. Mr. S. …