JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Appellants have jointly appealed against the judgment of Othman J., of the High Court of Justice, Kaduna, delivered on the 18th day of March , 2003 wherein the learned trial judge; in an undefended List proceeding supported by an affidavit coupled with documentary exhibits, entered judgment in favour of the Respondent on the ground that the Notice of Intention to defend the suit was filed out of time and moreover, no defence on the merit was disclosed by the Appellants/Defendants.
The learned trial judge held that:
"...The defendants did not file their notice of intention to defend within time. Even assuming the defendant had filed the notice within time. The affidavit annexed did not in any way disclose any defence at all talk less on merit. It will not be proper for the defendant to continue to postpone the date of meeting his obligation he should be prepared to face that Court-are always enjoined to refuse to allow itse…