NYAMATAI ENTERPRISES LIMITED & CHIEF ENIANG EFFIONG OFFIONG V. NIGERIA DEPOSIT INSURANCE CORPORATION

OGEBE JCA (Delivering the Lead Judgment): This is an appeal by the appellants who were respondents before the Failed Banks Tribunal Lagos, Zone 2 and were sued for recovery of debt by the present respondent who was the applicant before the lower Tribunal. Pleadings were exchanged by both parties. The appellants and their counsel were absent from the Tribunal when the respondent opened and closed its case and the Tribunal adjourned the matter for judgment.

In a motion filed on 16th April, 1999 the appellants sought the Tribunal to revoke the proceedings that took place in their absence to enable them reopen the case and defend the action on its merit. That motion was argued and the Tribunal in a ruling delivered on the 27th May, 1999 dismissed the application and fixed the case for judgment. In the meantime the Tribunal was abolished and its jurisdiction was transferred to the Federal High Court.

Consequently, the judgment of the Tribunal which was prepared by Ope- Agbe J. was deliver…