AKS PROPERTY INVESTMENT CO. LTD V. SURVEYOR B. J. AKPAN

OMAGE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Archibong E. ArchibongJ of the High Court, Akwa Ibom sitting at Uyo in Akwa Ibom State of Nigeria. The judgment is in the suit No. HU/MISC 319/2004, eventually numbered as HU/UND/312/2004. In the suit, the plaintiff now respondent applied to the court after filinghis writ of summons for the suit to be placed under the undefended suit procedure. The procedure for the complaint is made under Order 23 of the High Court (Civil Procedure) Rules of AkwaIbom State, having beengranted leave to so proceed andthe writ of summons so marked. Upon service on the defendant/respondent in the suit, the respondent is obliged under the rules to file a notice of intention to defend the suit. It is the rule that the writ of summons served on the defendant unlike in the case of an ordinary writ of summons, must have attached to the writ of an undefended suit, an affidavit statingthat the deponent believes that the defend…