The wheels of justice do not wait for those who choose silence or delay. A recent decision by the Court of Appeal in ADAMA & ORS V. SHETTIMA (2025) LPELR-81255(CA) highlights the consequences of failing to respond to court processes and illustrates how procedural defaults can result in judgment being entered against a party, even in sensitive matters such as land disputes.
Background of the Case
This case originated from a land dispute in Simari Area, Mafa Local Government Area of Borno State. The Respondent had approached the High Court of Borno State seeking various declaratory and injunctive reliefs over the said property.
Despite being properly served with court processes, the Appellants failed to appear before the trial Court or file any statement of defence. Consequently, the Respondent invoked the rules of court, requesting the matter proceed in default of appearance and defence.
Proceedings at the Trial Court
On the scheduled hearing date, counsel for the Appellants finally appeared in court but informed the court of his unpreparedness to proceed. In contrast, the Respondent’s counsel was fully prepared and requested costs if the matter were to be adjourned.
Surprisingly, the Appellants’ counsel conceded and permitted the Respondent to go ahead with his case. The Respondent testified and called one additional witness. After closing his case, the Court adjourned for judgment.
In a belated attempt to salvage the situation, the Appellants filed an application for extension of time to file their memorandum of appearance and defence — but only after the matter had been adjourned for judgment. The trial Court heard and dismissed that application and proceeded to deliver judgment in favour of the Respondent.
The Appeal
Aggrieved by the outcome, the Appellants appealed against the judgment of the trial Court — but not against the ruling that dismissed their application for extension of time.
Legal Issue for Determination
The sole issue before the Court of Appeal was:
Whether the trial Court was right when it entered judgment in favour of the Respondent.
Decision of the Court of Appeal
The Court of Appeal dismissed the appeal and affirmed the judgment of the trial Court.
Key Takeaway
Litigants must take court processes seriously. Ignoring court summons, delaying appearances, or failing to file a defence can have dire consequences. In this case, the Appellants’ failure to act timely resulted in the Court proceeding without their input — a decision that was upheld on appeal.
Final Word
Procedural rules exist for a reason. While courts may show discretion in certain cases, they are also mandated to ensure that justice is not frustrated by unnecessary delays. This decision is a cautionary tale for parties and legal practitioners alike: diligence, promptness, and preparedness are non-negotiable in litigation.
Disclaimer:
This post is for general legal awareness and does not constitute legal advice. For personalized guidance on land disputes or procedural matters, consult a qualified legal practitioner.