OLAGUNJU, JCA (Delivering the Lead Judgment): The appeal is from the judgment of Umeadi, J., of the Nnewi Judicial Division of the Anambra State High Court, by the appellant who was the defendant at the court below. In the action brought on the undefended list, the notice of A intention to defend the action filed by the defendant was held to disclose no defence and judgment was entered for the plaintiff, the respondent before this court, in the sum of N726,584.00 in addition to interest and costs.
As the argument of the appeal revolves round the sequence of events leading up to the judgment, it will aid an understanding of the arguments tofirst sketch out the steps taken by the parties up to the date the judgment was entered. The writ of summons on the undefended list was issued on 11/5/98, embodying the notice setting the case down for hearing on 18/6/
But for inexplicable reasons, the case was brought up for hearing instead on 18/5/98 (compare pages 1 and 15 of the record) when lear…