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OMAGE, JCA (Delivering the Lead Judgment) The matter which culminated in this appeal commenced with a squable over which the plaintiff, now appellant instituted an action against the defendants now respondents in the District Court Kaduna. The Respondents said the action was instituted in 1992, and hearing in the suit in that Court did not start until sometime in November, 1995. In August, 1995 the respondents as defendants counter claimants filed a motion which the court allowed for the defendants to counter claim against the plaintiff.
After the exchange of pleadings, hearing commenced in October, 1995 when the plaintiff presented to the District Court Kaduna one witness and further hearing in the suit was adjourned to 20th November, 1995. On that day, the plaintiff was not in Court and the matter again came up on 23rd November, 1995. The Respondents as defendants counter claimants applied orally for judgment on his counter claim. A judgment of N10,000 was awarded in favour of the…