This is an appeal against the decision of the Sharia Court of Appeal, Gusau Zone of Sokoto State in which it upheld the reduced N13, 000 ‘Khul’ (from N30,000) demanded by the respondent from the appellant and directed that the appellant should go back to her husband - The respondent’s house in lieu of payment of the demanded ‘Khul’ when the appellant offered to pay N1,000 instead. The Sharia Court of Appeal did not grant divorce to the appellant as requested. The plaintiff appellant commenced the proceedings before the Chafe Area Court in Case No. CV 96/87 of 10/2/87 seeking the dissolution of her marriage with the respondent on the ground of cruelty.

Pleadings were ordered accordingly. The respondent was given 45 days within which to file his statement of claim. The appellant was allowed 60 days within which to file its statement of Defence upon receipt of the respondent's Statement of Defence upon service on them of the appellant's statement of Defence.

The respondent filed his statement of claim on 11th August, 1986. The appellant and the 2nd to 5th defendants were duly served on 19th August, 1996. Even though the appellant was duly served with the statement of claim, it failed to file its statement of defence within the time allowed by the court. Consequently, the respondent brought an application on 13th November, 1986 praying the court to enter judgment for him against the appellant only in default of pleadings. The appellant was duly served.

The motion came on for hearing on 24th November, 1986. The parties were all present. The appellant was represented by Mr. T.C. Okerre, Director of Administration and was also represented by learned counsel Miss L.C. Dike, a State Counsel in the Ministry of Justice. There was no counter-affidavit filed in opposition nor an application for extension of time to file the appellant's statement of defence. However, the motion was adjourned to 15th December, 1986 at the instance of the respondent's counsel.

On 15th December 1986 the motion for judgment in default of pleadings was heard. It is pertinent to state that even as at that date no motion for extension of time to file the said appellant's statement of defence was brought. There was also no counter-affidavit in opposition to the respondent's motion for judgment. The learned trial Judge inquired from learned State Counsel why no step had been taken to file the appellant's statement of defence. Miss Dike replied that no defence had been filed because the appellant had given the Ministry of Justice none.

Respondent's counsel thereafter moved his motion which was not opposed. The learned trial Judge consequently entered judgment for the respondent in the sum of N500,000.00, the entire amount claimed by the respondent. He however dismissed the second arm of the respondent's claim.

The learned trial Judge then proceeded to order the 2nd to 5th defendants to file their statement of defence. The 2nd to 5th defendants filed their pleadings on 5th January, 1987. Subsequently, on 15th May, 1987 five months after the court's judgment, the appellant brought a motion urging the court below to set aside its judgment in default of pleadings and admit the appellant to defend. The motion was heard on 12th October, 1987. In a reserved ruling dated 4th December, 1987, the learned trial Judge dismissed the application. This appeal, as already stated, is against that ruling.