The respondent claimed against the appellants jointly and severally the sum of N5 million as damages for libel and an order of perpetual injunction restraining the appellants from repeating the alleged libel. Upon service of the statement of claim on the appellants, they filed and served their statement of defense. At the conclusion of pleadings, trial commenced with only the respondent who gave oral evidence on his own behalf.

The matter was adjourned to 16th November 1993, for address by the respondent’s counsel. On 16th, November 1993, the court did not sit due to a nationwide industrial action and the matter was adjourned to 13th December 1993. On that day only the respondent’s counsel was present in the court when the matter was adjourned to 8th February, 1994, for address. There was no appearance for the appellants.

On 8th February, 1994, only the respondent’s counsel was present in the court. No appearance was announced for appellants nor was there any letter from their counsel explaining his absence. On this day, the respondent’s counsel’s address was taken and judgment was fixed for 23rd March, 1994. From 16th November 1993, when the court did not sit as a result of nationwide strike to 8th February, 1994 that is, eighty-four days after the matter was adjourned for final address, the appellant and their counsel did not bother to go to court to find out what happened on 16th November 1993, and neither did the appellants nor their counsel offer any explanation as to their absence.

In its judgment after conclusion of hearing, the trial court found that the respondent established a cause of action in libel and that there was a publication of the libelous words. It therefore entered judgment in favour of the respondent, awarding him the sum of N3 million being damages for libel.

The appellants were dissatisfied with the judgment, they appealed to the Court of Appeal contending that they were not accorded fair hearing before judgment was entered against them.