This was an appeal by the defendant against the judgment of the Calabar High Court delivered by Kooffreh, C. J. (as he then was). The plain¬tiffs claim against the defendant was for the sum of N133,197.00 being out¬standing rent, special and general damages.

The plaintiff filed his statement of claim but the defendant failed to file a statement of defence within time as ordered by the court. After several ad-journments, the court proceeded to hear the plaintiff in the absence of the defendant and his counsel. In a reserved judgment, delivered on 16 November, 1984, the learned Chief Judge found the defendant liable and or¬dered the sum of N101,002.00 against him as special and general damages with costs fixed at the sum of N5,000.00. Two days prior to the delivery of the judgment, the defendant had filed a motion on notice in court for exten¬sion of time within which to file his statement of defence and annexing the proposed defence to the motion paper. It would appear from the record however that the motion was not brought to the attention of the learned Chief Judge by anyone before he delivered his judgment on the 16th of November, 1984.

Upon becoming aware of the delivery of the judgment delivered on 16 November, 1984, the defendant filed another motion to set aside the judgment contending that he had filed a motion in the court for extension of time to file his defence which was never heard before the delivery of the judg¬ment. The application to set aside the judgment given on 16 November, 1984 was dismissed. The Defendant appealed to the Court of Appeal.