Godfrey Selbar Nankpac v. Reverend Ayuba Narchu & Anor (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the ruling of the High Court of Nasarawa State, Nasarawa Judicial Division, Coram: Ridwan M. Abdullahi, J, in suit No. NSD/K33/2012: Reverend Ayuba Narchu (For himself and on behalf of Narchu family) v. Godfrey Selbar Nankpa & Anor. delivered on 10/12/2012, in which the application by the appellant to set aside the judgment of the lower court entered in favour of the respondent and against him was dismissed.

The appellant was dissatisfied with the said ruling and had appealed against it vide his notice of appeal filed on 13/12/2012 on five grounds of appeal. See pages 83 – 89 of the record of appeal.

However, with the leave of court an amended notice of appeal was filed on 27/5/2014 on five grounds of appeal. The record of appeal was compiled and transmitted to this court on 15/4/2013. Subsequently, a supplementary record of appeal was transmitted to this court on 16/11/2015 but was deemed as properly transmitted on 3/3/2022.

The parties filed and exchange their briefs. At the hearing on 22/11/2022, the appellants brief was deemed as having been argued, while the 1st respondents brief was duly adopted by his counsel, I. A. Ozor, Esq, holding the brief of A. S. Dube, Esq., as his arguments.

The appellant, though served with Hearing Notice on 10/11/2022, was not represented by counsel. The 2nd respondent, though served with hearing notice on 17/11/2022, was also not represented by counsel.

Brief statement of facts

The 1st respondent was the claimant before the lower court in a suit commenced against the appellant as the 1st defendant and other defendants by means of a writ of summons filed on 10/5/2012.

The appellant entered appearance vide a memorandum of appearance filed on 28/5/2012 but did not file any pleadings within the time allowed by the rules of the lower court 2010. On 11/7/2012, the appellant as 1st defendant was neither present nor represented by counsel when the matter came up for hearing before the lower court, and consequently, hearing notice was ordered to be served on the appellant and the matter was adjourned to 13/7/2012 for hearing.

On 13/7/2012, the appellant and his counsel were present before the lower court and the matter was further adjourned to 27/7/2012 to enable the appellant file his pleadings.

However, on 27/7/2012, the appellant was in court but he was not represented by counsel, and on the application of counsel for the 1st respondent as claimant, the lower court proceeded to take the witnesses for the 1st respondent and subsequently entered judgment against the appellant pursuant to the provisions of order 22 rule 9 of the High Court of Nasarawa State (Civil Procedure) Rules, 2010. Subsequently, on 1/8/2012, the appellant filed an application before the lower court seeking to set aside its judgment entered against him on 27/7/2012.

The parties joined issues and upon hearing, the lower court in its judgment delivered on 10/12/2012 dismissed the appellants application seeking to set aside its judgment as a default judgment, hence this appeal. See pages 73 – 82, 83 – 89, 133 and 165 – 173 of the record of appeal. See also pages 7, 49 – 51, 52 – 56, 55 – 57, 75 – 82 and 83 – 89 of the supplementary record of appeal.

Issues for determination

In the appellants brief, four issues were distilled as arising for determination from the five grounds of appeal, namely: