AFRICAN CONTINENTAL BANK LIMITED V. ALHAJI UMORU GWAGWADA

YEKINNI OLAYIWOLA ADIO, J.C.A. (Delivering the Lead Ruling): The appellant's claim against the respondent in the lower court was for the sum of ₦5,377,574.20 being money payable by the respondent to the appellant for money lent by the appellant to the respondent and for credit facilities granted by the appellant, as bankers, to the respondent at his request and for interest. The action was brought under the undefended list. The respondent filed a notice of intention to defend the action and served a copy thereof on the appellant. As a result, the lower court ordered the parties to file pleadings and pleadings were duly filed and exchanged. The appellant filed a Statement of Claim which is at pages 45-46 and the respondent filed a Statement of Defence which is at pages 47-51 of the record of proceedings.

The hearing of the case commenced and, at one stage during the hearing, the appellant's counsel wanted or applied to tender the copy of the notice of intention to defend the action tog…