CaseLaw
Okafor V. Ezenwa (1992) CLR 3(a) (CA)
Brief
Facts
Two appeals were filed in this suit by the defendant/Appellant. They were consolidated for purposes of hearing by this court. The appeals arose in this manner. The respondent sued the appellant claiming N54,000.00 being monies collected from him by the appellant for purchasing shares for him in the Appellant’s proposed Dry Cleaning/Laundry Services Limited. The shares were apparently never purchased. The respondent also claimed 5% interest on the amount. The matter went to trial before Uyanna J, who gave judgment in favour of the respondent. It appears that after the plaintiff’s case had closed, the defendant and counsel did not show up to offer their defence. The first appeal is against the said judgment dated 24th February, 1988. Although the Notice of Appeal was dated 7th November 1989 this Court granted the leave and extension of time for the appeal. The Grounds of Appeal raised lack of jurisdiction and the non-liability of the Defendant to whom monies were paid as a promoter.
The Defendant later sought to set aside the judgment and to let in his defence. In arguing the Motion to set aside the issue of jurisdiction was again raised, but the relief sought here was to set aside the Ruling and remit the same “back for trial before another Court.” The Ruling was dated 7th November, 1989 and the second appeal was filed on the same day.
Issues