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GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal filed by the 3rd defendant hereinafter to be referred to as "appellant through his Guardian Ad Litem " against the ruling of O.O. Obadina J., (as he then was) of the Ikeja Division of Lagos State High Court, delivered on 27/2/91 dismissing the appellant's application for an order to set aside the default judgment of the High Court presided over by M.O. Kotun J (now deceased) delivered on 27/6/88.
The appellant being dissatisfied with the said ruling of Obadina J. (as he then was) filed on 7/3/91 notice and grounds of appeal containing only two grounds of appeal. By order of this Court of 6/11/97, the appellant was granted leave to argue two other additional grounds of appeal.
In the appellant's amended brief of argument five issues were identified for determination as follows:
"3.01. Whereby, generally there is a motion with an affidavit in support before a court and there was no counter-affidavit by the opposing party…