This is an appeal against the decision of the Court of Appeal Kaduna delivered on 22-5-2003, allowing the Preliminary Objection raised by the Respondent in this Court to the appeal of the Appellant at the Court of Appeal against the decision of the Federal High Court of 7-3-2000, refusing to set aside the judgment of the Failed Banks Tribunal Kano Zone given on 24-4-98 in the sum of N969,572.01 with interest at 21%, against the Appellant.

The Appellant being a customer of the Nigeria Universal Bank Limited was indebted to the Bank in its current account to the tune of N969,572.01 which remained unpaid up to the time the Failed Banks Tribunals were established under the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree 1994. The Respondent therefore as Plaintiff filed an action for the recovery of the debt from the Appellant under the undefended list procedure before the Failed Banks Tribunal Kano Zone. In the course of the hearing of the matter, the Tribunal granted the Respondent's application to serve the Appellant by means of substituted service which on return the Tribunal was satisfied that the Appellant was duly served. In the absence of any notice of intention to defend the action in accordance with the rules, the Tribunal entered judgment against the Appellant in terms of the amount claimed. This judgment was entered on 24-4-98. There was no appeal against this judgment by the Appellant up to 28-5-99 when the Tribunals (Certain Consequential Amendments etc.) Decree No. 62 of 1999 dissolving the Tribunals and transferring all pending part heard matters to the Federal High Court for hearing and determination, came into force.

On 22-10-99, five months after the coming into force of Decree No. 62 of 99, the Appellant filed an application at the Federal High Court Kaduna asking the Court to set aside the judgment of the Failed Banks Tribunal delivered against it since 24-4-98. In the same application, the Appellant also sought for an interim relief of staying the execution of the same judgment pending the determination of the application to set aside the judgment. After hearing the parties on this application, the Federal High Court in its ruling delivered on 7-3-2000, dismissed the Appellant's application. Dissatisfied with the dismissal of its application, the Appellant appealed to the Court of Appeal. However, before the Appeal could be heard, the Respondent filed a Notice of Preliminary Objection to the hearing of the appeal. When the appeal came up for hearing, the Court below decided to take the Preliminary Objection first and upon hearing of the same, upheld it and struck out the Appellant's appeal. Therefore, the Appellant's further appeal to this Court now is against the striking out of its appeal by the Court below on the ground that the Court has no jurisdiction to entertain the appeal.