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ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.(Delivering the Leading Judgment):The Appellants herein dissatisfied with the decision of the High Court of Lagos, Ikeja Judicial Division, coram ALOGBA, J., delivered. on 24th November, 2014 filed a Notice of Appeal dated 26th November, 20l4 and filed 27th November, 2014.
The brief fact of this case is that the Respondents as Claimants instituted an action against the Appellants vide writ of summons. The matter was assigned to SHITTA-BEY, J. for trial. After the Appellants failed to appear for the pre-trial sessions, and upon an application by the Respondents' counsel based on the provisions of Order 25 Rule 6 (b) of the Rules of the Court, Shitta-Bey, J., entered default judgment in favour of the Respondents as per the writ of summons and statement of claim on the 3rd February,2009. The Appellants filed an application praying for an order to set aside the default judgment of the Court which was dismissed by the Court. Subsequently, the matter …