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  • Sparkling Breweries Ltd. vs. B. C. C. I. Ltd.
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  • 2003-09-15
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Sparkling Breweries Ltd. vs. B. C. C. I. Ltd.

1. SPARKLING BREWERIES LTD.
2. PRINCE MORRISON OLORI

V

BANK OF CREDIT & COMMERCE INTERNATIONAL (NIG.) LTD.


COURT OF APPEAL

(BENIN DIVISION)

RAPHAEL OLUFEMI ROWLAND, JCA (Presided)
BABA ALKALI BA'ABA, JCA
KUMAI BAYANG AKAAHS, JCA (Read the Lead Judgment)

CA/B/150/94

MONDAY, 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 such date

Issue:


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 appellants’ filing a statement of defence.


      Facts:
      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.