INTERNATIONAL EQUITABLE ASSOCIATION (INDUSTRIAL & COMMERCIAL) LIMITED V. SUNSHINE OIL & CHEMICAL DEVELOPMENT COMPANY LIMITED

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Abia State High Court in Suit No. A/88/2009, delivered on 22nd April, 2013 by Hon. Justice O.A.K. Ogwe, wherein the learned trial Judge dismissed the Application by the Appellant to set aside the judgment of the Court, delivered on 17/10/12, in default of defence.

The claim at the Lower Court was filed by the Respondent herein by way of an undefended writ action, on 13/3/2009, seeking:

The Sum of N165,688,305.12, being an amount due from the defendants jointly and severally to the Plaintiff, in respect of top White Tallow and other raw materials for soap and detergent production, delivered to the 1st defendant at Abia by the Plaintiff, at the defendants request, upon the 2nd defendants guarantee.

The 1st and 2nd Defendants were served the originating process on 1/4/2009 at 1st Defendants registered office at No.1 Nicholas Street, Aba Abia State, the 2nd Defendant being a staff of the 1st De…