POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI

That fortiori the judgment delivered by the learned
trial judge on 30/11/91) is a miscarriage of justice
and thus a nullity. Relying on the cases of ANUWAH
TRANS (NIG) LTD v. OA TRANS (NIG.) LTD. (1998)
1 NWLR (part 555)619 at 690; ODUTOLA VS.
KAYODE (1994) 2 NWLR (part 324) 1 at 22 et althe
learned counsel urged this court to allow the
appeal and set aside the.iudl3ment of the court
below.On the other hand, the Respondent has in
the briefthereof made copious references to the
variousdates on which the matter came up before
the trialcourt for trial. Most particular, paragraph
3.44 is tothe effect that:
3.44. On the said 29th April 1999, the court
adjourned the suit in the presence of the 4th
Defendant/Appellant, to the 15th and 16th days of
June 1999 for definite hearing. See page 39 of the
Record of Appeal. The Appellants deliberately
omitted (sic) to state this fact in their Brief of
Argument in order to hood-wink your Lordships.
It is also the contention of the Respondent's
learned counsel that:
3.50. From the above stated facts it is clear that
the Defendants/Appellants deliberately abandoned
their defence and kept away from the proceedings
only to bring this frivolous Appeal in order to
frustrate the execution of the judgment.
He thus contended that the judgment of the trial
court appealed against is not a nullity merely
because the Defendants chose to keep away from
the proceedings; they did so at their own peril.
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