The respondent herein was the plaintiff at the Kano State High Court of Justice. He took a writ of summons against the appellants as defendants with the following indorsement:

In supplying particulars to justify the claim, the plaintiff stated that sometime in 1988, the defendants in company of others forcibly entered into his land aforesaid and excavated same by removing 1,500 tipper loads of sand/gravel valued at N75,000.00. The defendants destroyed also in the process, several economic trees belonging to him valued at N4, 000.00. The land was as a result, rendered useless for agricultural purposes or for any other purpose. The amount claimed was comprised of N79, 000.00 special damages and N21, 000.00 general damages (paragraphs 7, 8 and 12 of the statement of claim.)

The defendants filed their statement of defence. Issues were joined. Trial commenced in earnest with the plaintiff calling 3 witnesses. The plaintiff closed his case on 2/2/93. Case was adjourned to 4/3/93 for defence to open. After some adjournments the case was further set down for defence on 5/10/93. On 5/10/93 the defendants and or their counsel were all absent. Learned counsel for the plaintiff applied for judgment which was accordingly entered on 17/12/93.

Dissatisfied with the judgment the defendant/appellants filed this appeal. Meanwhile a notice of preliminary objection was filed by learned counsel for the improper ground of appeal.