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UWAIS, JSC (Delivering the Lead Judgment): When this appeal was heard on the 5th day of December, 1988, it was summarily allowed with N500.00 costs to the appellant. We then intimated that the reasons for the judgment would be given today. I now state my reasons. In the High Court of Lagos State holden at Ikeja, the respondent A brought an action against the appellant and one other. The writ of summons which commenced the suit, was filed together with a statement of claim on the 9th day of June, 1984. The appellant together with the other party, as defendants, filed a memorandum of appearance on the 16th day of May, 1984. The defendants then took no further action.
Pursuant to the provisions of Order 10 of the High Court of Lagos State (Civil Procedure) Rules, Cap. 52 of the Laws of Lagos State 1973, the plaintiffs applied to the High Court for judgment to be entered for them. The application, was granted and judgment was accordingly entered for the plaintiffs by Longe, J. Part of th…