GOVERNOR OF NASARAWA STATE & ORS V. HABU SHEWAZA & ORS

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Nasarawa State in Suit No. NSD/MG59/13, Coram R. G. Soji, J., delivered on November 22, 2013.

The Respondents as plaintiffs in the lower Court had by Originating Summons sought orders against the Appellants as defendants. By leave of the Court, the Appellants filed a conditional appearance on 14/5/2013 and the matter was adjourned to 4/6/2013 for hearing but the Appellants did not file their counter affidavit before the date for hearing. On 4/6/2013, the learned trial Judge heard the Respondents' case on their Originating Summons and proceeded to deliver judgment on 25/6/2013 in default of appearance and pleadings by the Appellants. Upon being served with the judgment order of the trial Court, the Appellants filed a Motion on Notice to set aside the judgment. The trial Court dismissed the said application on 22/11/2013. Aggrieved by the ruling of the learned trial Jud…