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BELGORE, J.S.C. (Delivering the Leading Judgment): An action on General Cause List at the High Court of Borno State sitting at Maiduguri was filed by the appellant. The cause of action involves interest in certain right of occupancy. The appellant, as plaintiff served the statement of claim on the respondent. Respondent, instead of filing statement of defence did nothing. The appellant then proved his case on his pleadings and trial court gave judgment in his favour. The respondent, as defendant by way of motion, moved the trial court to set aside its judgment and allow him file the statement of defence to the action. The supporting affidavit clearly alleged that he was never served with the hearing notice of the case; the action being a personal one. Trial court refused to set aside the judgment and an appeal was lodged at Court of Appeal, Jos Division.
All issues argued before Court of Appeal in the main rested on the propriety of grounds of appeal and the issues on them which that …