SALAMI, J.C.A.: (Delivering the Leading Judgment): In this appeal, the defendants are appealing against the refusal of the trial court to set aside its decision in an action brought under undefended list.
The plaintiff commenced an action in Zamfara State High Court of Justice under the undefended list claiming against the defendants jointly and severally the sum of N400,000.00 being the amount drawn on an Africa International Bank Ltd. cheque by the plaintiff, which was irregularly cleared and paid, by the first defendant to the second defendant. The defendants were duly served with the writ of summons and hearing notices fixing the matter for hearing against the 7th June, 1999 and certificates of service were duly deposed to by the court's bailiff.
The defendants neither filed their respective memorandum of appearance nor notice of their intention to defend the claim and affidavit disclosing defence on the merit. On the date fixed for hearing, the matter was heard on the undefended…