<p>ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Imo State High Court in Suit No. HOW/33/2011, delivered on 18/6/2015 by Hon. Justice I.O. Agugua, whereof the learned trial judge gave judgment to the plaintiff, after refusing the application by the Defendant to set aside/nullify the proceedings in the Suit from 16/10/2012 to 16/1/2014, or in the alternative, an order setting aside the order of the Court made on 24/10/13, foreclosing the Defendant from defending the action; and order recalling all the witnesses for Claimant for the purpose of cross examination; an order reopening the case of the defence and allowing the Defendant to call evidence. The trial Court dismissed the said application and proceeded to deliver judgment on the main suit.</p><p>At the lower Court, the Claimant (now Respondent) had claimed against the Intercontinental Bank Plc, which later became subsumed in Access Bank Plc (Appellant), as follows (as per the Writ of summ…</p>