CaseLaw
Achuzia V. Ogbomah (2016) CLR 2 (b) (SC)
Judgement delivered on February 26th 2016
Brief
Facts
The plantiff/respondent herein instituted an action at the trial court against the defendant/appellant claiming a declaration to the entitlement to the grant of statutory right of occupancy in respect of the parcel of land known as No. 31 Nnebisi Road, Cable point, Asaba; and an injunction restraining same or his servants, agents or otherwise from entering and demolishing the said house alongside 3,000,000.00 for the destruction caused on the property by the defendant.
The defendant/appellant upon being served with the writ of summons entered a conditional appearance through his counsel who did not file a statement of defence sequel to the statement of claim filed by the plaintiff/respondent. In addition, a motion for interlocutory injunction was filed by the respondent which was argued in the presence of the appellant and his counsel. The application was heard and adjourned and neither the appellant nor his counsel was in court. The case was subsequently adjourned for hearing but no hearing notice was issued and served on the appellant and his counsel.
On the hearing date, the plantiff/respondent did not file an application for judgment to be entered against the defendant/appellant in default of defence.
The case was heard and judgment was given in favour of the plaintiff/respondent.On appeal to the Court of Appeal, the judgment of the trial court was upheld.Hence, the appeal to the Apex Court by the appellant herein.
Issues
Whether the learned justices of the Court of Appeal were right in holding that...