F.O. OGBAEGBE V. FIRST BANK OF NIGERIA PLC.
(2005) JELR 45303 (CA)
Court of Appeal
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CA/PH/230/2001
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26 May 2005
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Nigeria
Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA;
PIUS OLAYIWOLA ADEREMI JCA;
MONICA BOLNA' AN DONGBAN-MENSEM JCA;
Appearances
Chief Dona I. Udogu, Esq. (with him, U. F. Udofu [Mrs.]) For Appellant
Ben Anachebe, Esq. (with him, U. M. Uduma, Esq.) For Respondent
Judgement
<p>DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The respondent had judgment entered in its favour on the 20th April, 2000, in the Abia State High Court, sitting in Aba Coram Akomas, J. It was a writ marked the "undefended suit". Although, the appellant filed a notice of intention to defend, the learned trial Judge entered judgment for the respondent/plaintiff on the return date.</p><p> The appellant feels aggrieved and contends inter alia, that he was not given a fair hearing by the trial court. The appellant urges us to allow his appeal and strike out the suit on issues one and two on the grounds that: </p><p> "a. the suit was incompetent;</p><p> b. the learned trial Judge had no jurisdiction to entertain same; and</p><p> c. the entire proceedings and the judgment were a nullity."</p><p> Alternatively, the appellant wants the appeal allowed and the suit transferred to the general cause list on the ground that the appellant disclosed a defence on the merit in his affidavit evidence, but the trial court failed…</p>