CHRISTIAN IWU ONWUKA & ORS V. VITUS CHIDI IWU ONWUKA

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Abia State, sitting at Aba delivered on the 13th day October, 2014 by Hon. Justice Onuoha A. K. Ogwe, J. The said ruling emanated from a motion on notice dated the 7th day of October, 2013. It was filed on the 9th day of October, 2013 wherein the 1st 3rd applicants/appellants sought for the following reliefs:

1. AN ORDER SETTING ASIDE THE JUDGMENT OF THIS HONOURABLE COURT IN THIS SUIT DELIVERED ON 29TH JUNE, 2012 INCLUSIVE OF THE JUDGMENT ORDER MADE PURSUANT THERETO.

2. AN ORDER SETTING ASIDE THE FORM 48 (NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO ORDER OF COURT) ISSUED TO THE 1ST TO 3RD DEFENDANTS/APPLICANTS IN THIS SUIT.

(See page 2 of the record of appeal.)

The motion was supported by a ten paragraph affidavit and a written address. In opposition to the motion, the respondent/respondent filed a 6 paragraph affidavit and a written address. In accordance with th…