Judgment
BATURE ISAH GAFAI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory in Suit No. FCT/HC/CV/847/07 delivered on the 5th of November, 2009 coram Garba, J. (as he then was). Earlier on the 14th of May, 2009, the 1st Respondent then as the Plaintiff, had obtained a judgment of the Court by which the Appellant, then as the 3rd Defendant, was ordered to vacate the property known as Block 8, Flat 7, Malumfashi Close, Area 11 Garki Abuja.
The Appellant was aggrieved with the decision and thus applied to the trial Court vide her motion as notice filed on the 28th of May, 2009 seeking in the main for orders setting aside the judgment and, as the Appellant further prayed, staying its execution. After hearing both sides on the motion, the trial Court in its Ruling delivered on the 5th of November, 2009, dismissed the Appellant’s motion for lacking in merit. It is this ruling in particular that is the subject of this appeal.
In other words, it is not an appeal against the Judgment in the suit but one against its ruling dismissing the Appellant’s post-judgment motion seeking to set aside the judgment.
In her Notice of Appeal dated and filed on the 6th of November, 2009, the Appellant questioned the trial Court’s ruling on four grounds thus: “GROUND ONE The learned trial Judge of the FCT Court erred in law when he held “This Court is of the considered view that the occupier of Block 8, Flat 7, Malumfashi Close, Area II, Garki, Abuja was properly served with the processes of this Court” referring to the Motion on Notice to Amend Statement of dated 22nd May, 2008.
GROUND TWO The learned trial Judge of the FCT High Court erred in law by not taking into consideration decided authorities and the provisions of Order 10 Rule 16 of FCT High Court Civil Procedure Rules 2004 (as to service of Writ of Summons on a new Defendant in a suit) and went ahead to hold that the service of a Motion on Notice and Hearing Notice was sufficient service on a new defendant in a suit.
GROUND THREE The learned trial Judge of the FCT High Court erred in law when he refused to grant the application to set aside the judgment of Court delivered on the 14th of May, 2009 despite the Appellant’s contention that she was not served the Writ of Summons after being joined as a new Defendant in the suit and thereby robbing her of the opportunity to present her case.
