JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of cross River State Ugep Judicial Division, by Micheal Edem, J. The judgment was delivered on 6th July, 2010. In the court below, the Respondents claim was by way of undefended list filed on 20th May, 2010 purportedly claiming professional fee of N1,000.00 for professional services. Upon the service on the appellant, he filed a motion on 17th June, 2010 to extend time within which appellant can file and serve his memorandum of appearance Notice of intention to defend the suit and counter-affidavit and an order deeming them to be properly filed and served.
When the motion came up on 26th June, 2010 for argument the Respondent through his counsel Chief Okoi Obono Obla, objected by a written address, and evidence of penalty paid as stipulated by the Rules of court. He cited orders 2; Rule 1 (2), 12 Rule 1 (1), 10 Rule 3 (1) in support of his objection.
In his reply, the …