MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment):This appeal is against the decision of the High Court of the Federal Capital Territory Abuja, sitting in its appellate jurisdiction over the decision of a district Court of the territory in suit N0 FCT/HC/CVA/11/2002.
In a judgment delivered on the 18th June 2002, the learned judges of the appellate High Court, Coram Hon Justices H. Mukhtar and I. U. Bello, set, aside the ruling of the trial Court delivered on the 28/3/01 against which the appeal was entered. The Court the suo motu, proceeded to nullify the judgment of the Court, although there was no appeal nor relief sought to that effect.
The facts of the case are that the Appellant, who was the Plaintiff at the trial district Court, had taken out a default summons under the Undefended list procedure. He claimed the sum of thirty two thousand, nine hundred and forty one Naira (N32,941.00) against the Respondent who was the Defendant at the trial court, was and…