MUSDAPHER JSC (Delivering the Lead Judgment): In the High Court of Justice of Anambra State of Nigeria, in the Onitsha Judicial Division holden at Onitsha,and insuit No.0/258/94, the plaintiff underthe 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, 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 “undefended” was served on both defendants and the suit was fixed for hearing on the 7/7/1994. The defendants on the morning of7/7/1994 moveda motion prayingfor enlargement of time within which to file a notice of intention to defend the suit and deemingthe notice of intention to defend the action, exhibited as exhibit “A” to the affidavit in support of the motion as duly filed an…