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SCOA NIGERIA PLC & ANOR v. THE REGISTERED TRUSTEES OF METHODIST CHURCH OF NIGERIA

(2016) JELR 37071 (CA)

Court of Appeal  •  CA/L/395/2010  •  22 Mar 2016  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): The Appellant herein by a motion dated 9/7/2009 applied to the lower Court seeking for an order setting aside the default judgment entered in favour of the Respondent on the 2nd July 2009. The decision of Hon. Justice O. Gbajabiamila delivered on the 14th day of December, 2009 did not go down well with the Appellants who filed a Notice of Appeal dated 27th January, 2010 with leave of Court setting out 4 grounds of appeal and seeking the following reliefs:

A. An Order setting aside the Ruling delivered in the suit on the 14th day of December 2009 refusing and dismissing the application to set aside the default judgement of the lower Court in the suit.

B. A consequential order setting aside the default judgment of the lower Court delivered in this suit on the 2nd day of July 2009.

C. An Order allowing the Appellants to file their proposed statement of defence as their defence in the suit.

D. An Order transferring the suiā€¦

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