<p>UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is a suit brought under the Undefended List procedure. The Respondent as Claimant had paid a total of N1.6m to the Appellants as defendants for the delivery of a Mack 30 tons Truck within a month. The truck was not delivered and the deposit of N1.6m was not refunded. </p><p> Upon the institution of the suit under, the Undefended List procedure, the Appellants filed a memo of conditional appearance and an intention to defend this suit. </p><p> On the 25th day of June, 2010 this suit was heard by another judge. The defendants were unrepresented. The plaintiff asked for extension of time to enable the proceedings to continue under the Undefended List. The plaintiff also informed the Court that he had filed a further affidavit. This application was granted and the suit was adjourned for judgment.</p><p> Judgment was entered in favour of the Plaintiff/Respondent against the defendants/Appellants. The trial judge held inter alia as follows:</p><p> &quot;…</p>