CaseLaw
MC Inv. Ltd Vs. Core Investments & Capital Mrkts Ltd. (2012) CLR 6(g) (SC)
Judgement delivered on June 15th 2012
Brief
Facts
The parties in this appeal were before the Federal High Court Ikoyi, Lagos where the respondent as the plaintiff in that court brought an action against the appellants who were the defendants under the provisions of the undefended list procedure of that court pursuant to Order 3 of the Federal High Court (Civil Procedure) Rules of 1976. The action was placed on the undefended list of the trial court on 11th September, 1995 with the return date fixed at 16th October, 1995. On being served with the plaintiff's marked writ of summons together with affidavit and documentary exhibits in support of the claims, the defendants chose not to respond to the action by filing a Notice of intention to defend the action supported by an affidavit specifying its defence to the action but rather decided to file a motion on Notice for stay of proceeding in the matter on the grounds that the action was premature. This motion by the defendants was duly heard by the trial court which dismissed the application on 27th May, 1996 when the defendants counsel was in court. It was on this same date that the plaintiff's case placed on the undefended list of the court, was adjourned to 3rd July, 1996 for hearing. The record shows that on this date fixed for the hearing of the case, on the application of the learned counsel to the defendants by a letter written to the court, the case was further adjourned to 10th July, 1996 for hearing on which date the defendant was again absent and not represented by counsel. The court then on being satisfied that there was no notice of intention to defend the action in accordance with the rules of the court, proceeded and heard the action under the undefended list of the court and adjourned the case to 19th July, 1996 for ruling/judgment. Meanwhile, on 18th July, 1996, the defendant's counsel decided to respond to the undefended action against it by filing yet another motion for stay of proceedings pending appeal against the earlier ruling of the trial court refusing its application for stay of proceedings in the same action on grounds among other that the action was premature. The trial court proceeded to deliver its ruling/judgment in the undefended action granting all the reliefs sought by the plaintiff on the 19th July. 1996. Although the record of the trial court shows that the learned counsel to the defendant, Mr. S. H. Agmoh was in court on this date 19th July. 1996 when the ruling/judgment was delivered, he made no attempt to inform or draw the attention of the court to the motion filed the previous day for stay of proceedings.
Not satisfied with the judgment of the trial court against them, the defendants all the same came to the Court of Appeal on appeal against the ruling/judgment of 19th July, 1996, accusing the trial court of ignoring its motion for stay of proceedings before giving judgment for the plaintiff. This appeal was heard and dismissed by the Court of Appeal Lagos Division in its judgment delivered on 22nd June, 2004, hence the present further appeal to this court by the defendants/appellants.
Issues
Whether the Court of Appeal was right in dismissing the appeal in the...