FIRST INLAND BANK (FINBANK PLC.) V. GINDIRI OIL AND MARKETING LIMITED & ORS.

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Lead Ruling): The applicant/appellant was sued by the 1st and 2nd Respondent before the Plateau State High Court in suit No.PLD/J/60/90 claiming the sum of Fifty Million Naira (N50,000.000.00 as special and general damages for libel and breach of contract. The trial court in a default judgment delivered on 29/10/09 granted the reliefs sought by the plaintiff/respondents. The applicant was not satisfied by the default judgment, he then sought for an order setting aside the said judgment which the trial court refused in a ruling delivered on 15/4/2010. With leave of the trial Court the applicant filed an appeal to this Court. There was also an application for stay of the execution of the judgment of the trial Court which was refused in a ruling delivered on 15/4/2010. Not satisfied with the refusal of the stay of execution of the default judgment, the applicant filed an application for stay of the execution of the said judgment before this co…