Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the High Court of Federal Capital Territory Abuja Division, Coram: O. O. Goodluck J, in Suit No. FCT/FIC/CV/4724/2011: Mrs Abe Ethel Ndidi V. Shammah Global Trades Limited & Ors delivered on 30/4/2019, in which the claims of the 1st – 2nd Respondents as Claimants against the Appellant as Defendant were granted. The Appellant was peeved with the said judgment and had appealed against it vide her Notice of Appeal filed on 15/6/2014 on Six Grounds of appeal.
See pages 456 – 462 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 19/11/2018. Subsequently, with the leave of Court an Additional Record of Appeal was transmitted to this Court and was deemed properly transmitted on 7/12/2021. The 1st – 2nd Respondents filed a Notice of Preliminary Objection on 3/3/2020. The 4th Respondent also filed a Notice of Preliminary objection 7/7/2021. The Parties filed and exchange their briefs, which were duly adopted as their arguments at the hearing of this appeal on 26/9/2022.
The Appellant was represented by Ananyo Adibe Esq. The 1st and 2nd Respondents were represented by B. K. Barikpoa Esq. The 3rd and 5111 Respondents were represented by L. O. Akangbe Esq. The 4th Respondent was represented by Florence Samuel Esq. SUCCINCT STATEMENT OF FACTS On 24/7/2006, the 1st and 2nd Respondents as Claimants commenced Suit No. FHC/ABJ/CS/288/2006 against the Appellant, the 3rd and 4th Respondents as Defendants before the Federal High Court, Abuja Division.
However, on 9/11/2010, upon the application of the counsel for the 1st and 2nd Respondents, the Federal High Court, per Aula J. (as he then was but later CJ) transferred the said Suit to the High Court of the FCT, where the Suit was reconstituted as FCT/IIC/CV/4724/2011 and served on all the parties. The Appellant as the 1st Defendant before the lower Court chose to ignore the processes and all the hearing notices served on her, although the 3rd and 5th Respondents filed their joint Defence to the Suit, though at the trial they did not call lead any witness.
