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HON. ENGR. SAMUEL UTOO v. DORCAS FEESE & ANOR

(2017) JELR 37226 (CA)

Court of Appeal  •  CA/MK/152/2011  •  24 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Benue State sitting in Motion No. MHC/1475M/2010, delivered on 9/6/2010 refusing the application of the Appellant to set aside its judgment in MHC/296/2001 delivered on 20/3/2008.

The Respondents were the plaintiffs in the lower Court in Suit No. MHC/296/2001, while the Appellant was the defendant therein. The Respondents had sued the Appellant claiming damages for the death of Joseph Feese, the husband of the 1st Respondent and father of the 2nd Respondent, and for the destruction of the pick-up van belonging to late Joseph Feese. The Appellant, who was served through substituted means by order of the lower Court, filed his Statement of Defence accompanied by Witness disposition on oath through one J. M. Kondoun, Esq. but abandoned it. On 20/3/2008, the lower Court entered judgment in favour of the Respondents against the Appellant. Upon attachment of the Appellant'…

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