MR. SAMUEL KOLAWOLE FAJIMI V. LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY (LASTMA) & ORS

SIDI DAUDA BAGE, J.C.A.(Delivering the Leading Judgment): The Appellant at the lower court commenced this action against the Respondents by originating summons dated 2nd day of October, 2007 and filed on 5th October, 2007. The originating summons together with the supporting affidavit, written address in support of the originating summons and the Exhibits were all duly served on the 1st and 2nd Respondent on 17th October, 2007 and on the 3rd Respondent on the 18th October, 2007.

Despite due service of the processes on the Respondents, they failed, refused and/or neglected to file ay counter affidavit to the originating summons. Even though, much indulgence was granted to the Respondents to file their counter affidavit, they failed to do so. After several hearing notices from the court and letters from the Appellant's counsel to the Respondents, they were eventually represented by a counsel, M. M. Adewale (Mrs.) who had earlier promised to file counter affidavit in the matter but only …