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FRAMAN ENTERPRISES LIMITED & ANOR v. SPRING BANK PLC & ORS

(2016) JELR 33274 (CA)

Court of Appeal  •  CA/L/838/2009  •  27 Jun 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement
<p>TIJJANI ABUBAKAR, J.C.A. (Delivering the leading : ): This appeal is against the Ruling of Olateru-Olagbegi J. of the High Court of Lagos State delivered on the 15th day of September 2009 in suit No. LD/M/609/06.</p><p>The Ruling arose from an application by the Defendants (Now Appellants in this appeal) praying the lower Court to set aside its judgment delivered on the 1st day of November 2007. The suit at the lower Court was commenced by the Claimant (1st Respondent in this appeal) by an Originating Summons. When the matter came up for hearing on the 1st day of November 2007 the Claimant (1st Respondent herein) moved the lower Court to enter judgment in their favour pursuant to Order 25 Rule 6 of the High Court of Lagos State (Civil Procedure) Rules 2004 in the absence of the Defendants (Now Appellants). The Learned Counsel for the 1st Claimant at the Court below (1st Respondent herein) informed the Court that he notified the Defendants (Now Appellants) of the hearing date. The lower…</p>

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