<p>D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Justice of Anambra State of Nigeria, in the Onitsha Judicial Division holden at Onitsha and in Suit No. 0/258/94, the plaintiff under the undefended list procedure claimed jointly and severally against the defendants the sum of N4,912,797.30 (Four Million Nine Hundred and Twelve Thousand Seven Hundred and Ninety Seven Naira and Thirty Kobo) with interest at the rate of 21% per annum from 1/2/1994 up to the date of judgment and thereafter at the rate of 5% per annum until the final liquidation of the judgment debt. The Writ of Summons marked &quot;undefended&quot; was served on both defendants and the suit was fixed for hearing on the 7/7/1994, the defendants on the morning of 7/7/1994 moved a Motion praying for enlargement of time within which to file a Notice of Intention to defend the suit and deeming the Notice of Intention to defend the action, exhibited as Exhibit &quot;A&quot; to the affidavit in support of the Motion as du…</p>