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ALHAJI DANJUMA HARUNA & ANOR V. MRS. C.A. LADEINDE & ORS

(1987) JELR 42675 (CA)

Court of Appeal  •  CA/L/242/85  •  6 Oct 1987  •  Nigeria

Coram
ADENEKAN ADEMOLA JCA; UTHMAN MOHAMMED JCA; OWOLABI KOLAWOLE JCA;

Appearances
Akin Sikuade, S.A.N., with M. A. Savage For Appellant Chief G. O. Sotayo-Aro For Respondent

Judgement

UTHMAN MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Desalu J. in which the learned trial Judge refused to grant to the appellants, who were applicants before him, leave to apply to set aside the default judgment entered against them. The appellants applied for the following orders before the trial court:

"1. An order extending the time within which to apply to set aside the judgment of this Honourable Court given on the 27th day of May, 1983 in the above named suit.

2. An Order setting aside the said judgment and relisting the suit for hearing on its merit.

3. An Order staying or suspending the execution of the said judgment pending the hearing and final determination of this application and

4. For any further Order or Orders as this Honourable Court may deem fit to make in the circumstances."

The learned Senior Advocate, Mr. Sikuade, in his brief, submitted that under Order 32 Rule 4 of the High Court of Lagos State (Civil Procedure) Ru…

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