MUHAMMAD, JCA (Delivering the Lead Judgment): This appeal emanates from appeal No. CA/J/178/99, though separately filed and processed. The respondent had on the 24th December, 1998, filed a motion with Suit No. MHC/713m/98 praying for the following reliefs: “(a) LEAVE of the Honourable court to apply to set aside its judgment in Suit No. MHC/16/98.
LEAVE of the court extending time within which to apply to set aside the said judgment. An order of the Honourable court setting aside its judgment in suit No. MHC/16/98 delivered in default of appearance and defence.
An order of court granting a re-hearing of the said suit on the merit.
An order of court staying any execution of the said judgment.
AND any orders the court may see fit to make in the circumstance.”
After hearing arguments from learned counsel for the respective parties, the learned trial Judge, in a considered ruling, delivered on 5th March,1999, dismissed the application for lack of merit. There was no appeal against that ruli…