GARBA JCA (Delivering the Lead Judgment): The Federal High Court , sittingat Umuahia, had on 06/4/01 entered judgment in suit No.FHC/UM/ CS/83/01 under the undefended list in favour of the appellant who was plaintiff before that court. However, on the application by the respondent who was defendant, that court in a ruling delivered on the 19/12/01, set aside the said judgment. Being aggrieved by this latter ruling of the court A below, the appellant filed a notice of appeal on the 14/03/02 primarily challenging the jurisdiction of that court to set aside the judgment entered under the undefended list. For ease of reference, the two (2) grounds of complaint against the ruling as contained in the notice of appeal are thus:
Grounds of appeal: Ground one: Error in law “The learned trial Judge erred in law when he failed to realise that he had no jurisdiction to set aside the judgment delivered in the above suit under the undefended list.
Ground two: Error in law “The learned trial J…