Bode Odetoyinbo

The appellants sought to set aside a default judgment issued against them after an uncontested trial, and requested related relief.

The Court of Appeal dismissed the appeal, finding no inappropriate conduct by the plaintiff or error by the trial judge in conducting an uncontested trial.

The court emphasized that an appeal is not the proper route to seek to set aside a default judgment; rather, a motion under Rule 19.08(2) of the Rules of Civil Procedure should be brought first.

The plaintiff, Issa Yusuf, brought an action against Dreamfund Holdings Inc., 10268054 Canada Corp., Dreammaker Realty Inc., and Isaac Jr. Olowolafe (also known as Temitope Olowolafe) for unpaid investments.

The defendants, all connected to Olowolafe, failed to appear at trial despite being properly served and noted in default.

The court found that Olowolafe was the directing mind of the corporate defendants and that a signed repayment agreement for $516,248.96 was binding.

Judgment was granted in favour of the plaintiff against all defendants jointly and severally for the full amount, plus prejudgment and postjudgment interest, and costs.