EKPE, JCA (Delivering the Lead Judgment): In the High Court of Cross River State, holden at Calabar, the plaintiff, now respondent, brought this suit against the defendant, now appellant, claiming in the writ of summons the following reliefs: “1. The sum of N640,000.00 being 2% commission as finder’s fee on the sum of N32,000,000.00 so far had and received by the defendant for the sale of Ikot Ekpo Estate to NEPZA - (Nigerian Export Processing Zone Authority). 2. 10% interest on the liquidated sum of N640,000.00 from date of judgment until final liquidation.”
The respondent also filed a motion ex-parte supported by an affidavit for placing the suit under the Undefended List. The motion was granted by the learned trial Judge and the suit was accordingly placed under the Undefended List for hearing. Upon service of the processes on the appellant, the appellant filed an affidavit disclosing a defence without the usual notice to defend nor a memorandum of appearance in the suit. On the…