MR. EMMANUEL MADUIKE V. TETELIS NIGERIA LIMITED

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice A. A. Phillips of the Lagos State High Court delivered on 22nd May 2008 entering final judgment in favour of the Respondent/Claimant.

The facts of this case seem straightforward. The Claimant had commenced an action against the Defendant before the Lower Court by a writ of summons and statement of claim dated 17th of April 2007 for the recovery of possession of the Respondent's premises which the Appellant hold of as yearly tenant from March 1998. The Appellant failed to file his statement of defence within the time stipulated by the High Court of Lagos State (Civil Procedure) Rules 2004. Subsequently, the Appellant filed an application to regularize his statement of defence which was struck out by the Lower Court on 22nd May 2008 for want of diligent prosecution. Judgment was entered pursuant to an application for summary judgment filed by the Resp…