MONTERRY NIGERIA LIMITED V. SINDENG NIGERIA LIMITED

GEORGE OLADEINDE SHOREMI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court delivered on 6/4/1998 dismissing the application of the appellant for extension of time within which to apply to set aside the order of court dated 19/10/95.

Setting aside the order of the court dated 19/10/95 as the same is null and void and of no effect whatsoever, the same having been obtained in breach of the principles of fair hearing the applicant herein and or his counsel having not been issued or served with any hearing notice, and or the motion on notice, having been heard in the absence of the applicant/appellant or his counsel.

The learned trial Judge refused to grant the application and accordingly dismissed same with cost.

The applicant now appellant appealed against the ruling/judgment by his notice and ground of appeal at pages 120-122. For ease of reference I quote verbatim the said grounds of appeal:

"Ground One:

The learned trial j…