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MR. J. I. OJO v. MR. FRANKLINE ASUELIMHEN

(2014) JELR 42202 (CA)

Court of Appeal  •  CA/B/183/2013  •  15 Apr 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering The Lead Ruling): The appellant/applicant vide a motion on notice dated and filed on 16th May, 2013; prayed for an extension of time within which to seek leave to appeal against the ruling of R. I. Amaize, J., of the High Court of Edo State, sitting in Benin City, dated 9th November, 2012.

The appellant/applicant had filed a suit on the undefended list against the respondent, who did not file a memorandum of appearance nor a notice of intention to defend the suit No.B/709/2008. Judgment was consequently, entered for the appellant on 8th June, 2009 by Hon. Justice J.A. Oyakhirome, J., who found that the originating processes with respect to the suit on the undefended list was duly served on the respondent.

On the 16th April, 2012; the respondent's car was attached by the bailiff of the Edo State High Court, in satisfaction of the judgment of 8th June, 2009, in favour of the appellant. Thereupon, the respondent filed an application at the Edo Stateā€¦

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