The Nigerian Navy & Anor V. Mrs. Joy Bassey (2016)

LawGlobal-Hub Lead Judgment Report

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. 

This is an appeal against the Ruling of the Federal High Court, Lagos Division and delivered by J.T. TSOHO J on the 17th day of October 2013 wherein the Appellant?s motion on notice for an order for extension of time to apply to set aside the judgment of the said Court delivered on the 12th March 2012 in default of appearance was dismissed.

The Respondent herein had as Plaintiff in the Federal High Court, (now referred to as lower Court) instituted an action via a writ of summons and statement of claim, dated 15-3-2011 against the Appellants herein as Defendants. The reliefs sought by the Respondent as per paragraph 31 of the statement of claim are as follows:-
(1) An Order that the Plaintiff is entitled to damages for the negligence, grievous bodily harm, loss of life and permanent loss of reproductive organs and loss of family life.
(2) The sum of N100, 000, 000.00 (One Hundred Million Naira) only being aggravated damages for gross professional negligence, grievous bodily damage and loss, loss of life of a child and permanent loss of

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reproductive organ and ability to bear a child.
(3) Interest thereon at such rate and for such period as the Court shall think just.
(4) Cost of the action.

Records showed that the two Appellants were duly served with the originating processes but none of them entered appearance throughout the proceedings which commenced in the lower Court on the 11-11-2011. They did not also file any process in defence of the suit.

Consequently, the Respondent filed a motion on notice on the 7-2-2012 praying the Court for the following orders:-
(1) An Order for judgment in default of appearance and pleadings in favour of the Plaintiff/Applicant as per the claims endorsed on the writ of summons and statement of claim.
(2) And for such further or other orders as the Honourable Court may deem fit to make in the circumstance.
The grounds for the application are that:-
(1) The Defendants were served with the writ of summons and statement of claim sometimes in May 2011.
(2) The Defendants have not filed their statement of defence nor have they shown any interest in the matter till date.
(3) There is no defence to the action of

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damages for the negligence act of the Defendants that has caused the Plaintiff the permanent injuries.

The said application was heard by the lower Court on the 27-2-2012 upon proof that the Appellants were served with same.

Judgment was consequently entered in favour of the Respondent on the 12-03-2012.

However, by a motion on notice dated 9-4-2013 and filed on 10-4-2013 the Appellant prayed the lower Court for the following orders:-
(1) Extension of time within which the Defendants/Applicants may apply to set aside the default judgment delivered by this Honourable Court on the 12th day of March 2012 and striking out the entire suit for lack of jurisdiction.
(2) An Order of the Court setting aside the default judgment of this Honourable Court delivered on the 12th day of March 2012 and striking out the entire suit for lack of jurisdiction.
(3) And for Order or other orders as this Honourable Court may deem fit to make in the circumstances of this suit.
GROUNDS ON WHICH APPLICATION IS BASED;
(1) The cause of action and right to sue arose in June/July 1999 when the Plaintiff was told by DR. I.E. NWANKOR of her disability or

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on the 21st day of February 2002 when the 2nd Defendant was found guilty of negligence by a General Court Martial.
(2) The Plaintiff commenced this action on the 15th day of February 2011 over eleven (11) years after the cause of action arose.
(3) The Defendants are Public Officers within the meaning of the Public Officer (Protection) Act.