The brief fact of the case is that this suit now on appeal was placed by the learned trial Judge, who was the vacation Judge, on the undefended list. The respondents allege that the appellant was served the writ of summons by one Bello Dogora, a bailiff of the trial court but that the appellant refused to acknowledge the service and the bailiff duly swore to a certificate of service which was filed in the court records.

On the 28th day of August, 2007 when the matter came up for hearing under the undefended list, the appellant did not file her notice of intention to defend action and did not appear personally neither was she represented. The trial court considered the case and entered judgment for the respondents in the sum of N1,850,000:00 (One Million, Eight Hundred and Fifty Thousand Naira) with interests at 10% until liquidation and the sum of N5,000.00 (Five Thousand Naira) as cost against the appellant.

Being dissatisfied with the ruling, the judgment debtor appealed to the Court of Appeal. He also filed a motion on notice in that Court in which he inter alia prayed for -

The appellant alleges that after the judgment, the respondents waited for three months within which the appellant has a right of appeal to expire before attempted to execute the judgment; whilst the respondents claim that they served the appellant with the certificate of judgment on 5th November, 2007 through one Garba, a bailiff of the trial court after first attempt on 3rd October, 2007 failed as the appellant travelled out of the country.

On 27th November, 2007, judgment was executed in the presence of the appellant who through her lawyers paid the sum of N1,190,000.00, (One Million, One Hundred and Ninety Thousand Naira) out of the judgment sum with a promise to complete the outstanding sum the next day. However, on 28th November, 2007, the appellant filed a motion on notice praying the trial court to set aside the judgment delivered on 28th August, 2007; this motion was later withdrawn and substituted with the motion on notice dated 16th February, 2009 seeking among other things the setting aside of the judgment of 28th August, 2007. The motion was argued and dismissed on the 24th day of June, 2009.

The appellant, not satisfied by that decision, filed a notice of appeal dated the 25th day of June, 2009. The appellant also filed her brief of argument dated the 24th day of July, 2009 on the 28th day of July, 2009. The respondents' brief of argument dated the 6th day of October, 2009 was filed same day. The appellant also filed on 6th November, 2009 a reply brief dated same day.