- Sparkling Breweries Ltd. vs. B. C. C. I. Ltd.
- ₦ 200
Sparkling Breweries Ltd. vs. B. C. C. I. Ltd.
1. SPARKLING BREWERIES LTD.
2. PRINCE MORRISON OLORI
BANK OF CREDIT & COMMERCE INTERNATIONAL (NIG.) LTD.
COURT OF APPEAL
RAPHAEL OLUFEMI ROWLAND, JCA (Presided)
BABA ALKALI BA'ABA, JCA
KUMAI BAYANG AKAAHS, JCA (Read the Lead Judgment)
6TH MAY, 2002
PRACTICE AND PROCEDURE - Adjourned date - Matter adjourned for mention
- Whether can be heard on the adjourned date
PRACTICE AND PROCEDURE - Default judgment - Where application for
extension of time to file statement of defence is pending - Proper procedure to
adopt in entering default judgment
PRACTICE AND PROCEDURE - Extension of time - Application for extension
of time to file statement of defence - Need for court to hear before hearing
application for default judgment
PRACTICE AND PROCEDURE - Mention date - Whether matter can be heard of
Whether the learned trial Judge acted judicially and judiciously when he exercised his discretion against the appellants in refusing the application to set aside the judgment entered in favour of the respondents in default of the appellantsâ€™ filing a statement of defence.
Respondent as plaintiff at the trial court commenced this suit against the defendant at High Court of Ughelli Judicial Division of Delta State claiming balance of debt owed by the defendant or alternatively order compelling a deed of legal mortgage on its behalf. Plaintiff subsequently filed a motion praying the court to enter judgment against the defendant in default of statement of defence.
Defendant filed a motion for extension of time to file statement of defence without annexing the proposed statement of defence. Subsequently, plaintiff moved his application for judgment while the defendants were absent and not represented. The application was granted as prayed. Defendant therefore brought an application to set aside the default judgment. The application was however dismissed by the trial court. This appeal is against the refusal to set aside the default judgment.