-
1
Specific performance of the Defendant's contractual obligations in Contract Number EWLG/CON.17/25 at 12-6-95; in favour of the plaintiff.
-
2
An Order for payment of the sum of Four Million NINE HUNDRED and TWENTY FIVE THOUSAND NAIRA [N4,925.000.00] by the Defendant to the plaintiff along with 10% interest of the indebted sum per every subsequent month thereof, until Judgment is entered.
The respondent alleged in his amended brief and writ of summons that the appellant did not file a memorandum of appearance as required by the Rules of Court. Sequel to this, an application for judgment was made by the respondent in default of appearance by the appellant.
Judgment was entered in relation to the claim of the respondent.
On the 6th of September, 2002 the appellant’s application to set aside the default judgment was refused by the court. This led to an appeal to be filed against the ruling.
Consequent upon the untimely prosecution of the appeal as provided for by the Rules, a motion for the appeal to be struck out was filed by the respondent which was heard and the appeal was dismissed by the court due to want of prosecution.The appellant’s motion for stay of execution of the judgment of the lower court was also struck out for incompetence. This led to an appeal to this court.
