T.O. AWOTOYE J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of Rivers State High Court:
Port Harcourt judicial Division delivered on L911212005 between J. M. S. International Ltd. v. Arch. G. N. Eleba.
The plaintiff/Respondent on 11/10/2001 instituted an action against the Appellant claiming:
"1) The sum of 5 Million Naira only which the defendant has refused to pay the Plaintiff despite repeated demand.
2) Interest therein at 10% from the date of judgment until the sum is liquidated."
In line with the Rivers State High Court Rules the Plaintiff filed motion exparte praying that the suit be heard in the "UNDEFENDED LIST". The motion exparte was supported by 21 paragraphs affidavit and several documentary annextures. The Plaintiff/Appellant deposed in paragraph 18 of the affidavit that the Defendant had no defence to the action.
In response after being served the Defendant filed Notice of Intention to Defend out of time and later sought Ieave for court …