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September 13, 2019 8:57 am
"I am in total agreement with the submission of learned senior counsel for the appellant that these statutes which I mentioned a while ago do not confer jurisdiction on the trial court to sit on appeal over its judgement entered on the merits since a judgement entered in favour of the Plaintiff on the undefended list is a judgement on the merit and can be overturned only on appeal. See: First Bank (Nig.) Ltd v. Khaladu (1993) 9 NWLR (Pt. 315) 44 at 56".
PER K.B. AKAAHS, J.S.C IN THE CASE OF
AKAHALL & SONS LIMITED V NIGERIAN DEPOSIT INSURANCE CORPORATION (RECEIVER/LIQUIDATOR OF ALLIED BANK OF NIGERIA PLC) LER(2017): SC. 302/2006