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SAMUEL SOGBESAN v. MR. ADEBOWALE OGUNBIYI & ORS

(2005) JELR 45263 (CA)

Court of Appeal  •  CA/L/53/2003  •  5 Jul 2005  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MUSA DATTIJO MUHAMMAD JCA; CLARA BATA OGUNBIYI JCA;

Judgement

OGUNBIYI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of his Lordship, Justice Rhodes Vivour of the Lagos High Court, delivered on the 6th July, 2001, whereby the appellant's application dated 2nd day of March, 1998, was dismissed. The appellant desired to set aside the consent judgment entered into by the parties and signed on the appellant's behalf by his counsel. The appellant claimed that the judgment even though signed by his counsel on his behalf was however without his instructions and very much against his will.

The facts that gave rise to this appeal are simple and briefly as follows: At pages 9 - 10 of the record of proceedings, the lower court on the 17th March, 1997, entered judgment in the suit No. LD/2896/95, in terms of the settlement agreed upon between the parties and evidenced at pages 11 and 12. Consequent to same, the appellant as the defendant, brought a motion on notice dated 2nd March, wherein he prayed as follows:

"(1) Extension …

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