KEYSTONE BANK PLC V. MR. JAMES EJEMBI OKEFE

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Benue State sitting in Makurdi (hereinafter called the trial Court) delivered on 31st March, 2011, in a consolidated motions nos. MHC/1471M/2010, MHC/1491M/2010 nos.MHC/13M/2011, seeking "inter alia" the order of the trial Court setting aside the default judgment delivered by it on 15th December, 2010.

By the order of this Court, the instant appeal was consolidated with appeal No. CA/MK/61/2011, the two appeals having emanated from the same course of events. The background facts of the instant appeal are identical. See pages 1 to 6 of the judgment of this Court just delivered in appeal No. CA/MK/61/2011.

Hence, I do not intend to repeat same herein. Suffice it to say that, the trial Court in the decision being appealed that the appellant failed to prove fraud, non service or lack of jurisdiction to occasion the trial Court to set aside its judgment delivered …