<p>NWALI SYLVESTER NGWUTA, J.S.C.: (Delivering the Leading Judgment): This appeal is against the judgment of Kaduna Division of the Court of Appeal delivered on 21/2/2006.</p><p> The appellant, as plaintiff, filed a Summon s ex-parte, before the Kaduna Judicial Division of the High Court of Justice, Kaduna State, on 15/12/2000 in which he prayed the trial Court for:</p><p> &quot;An order listing under the Undefended List the Writ of Summons to be issued against the defendant.&quot;</p><p> The respondent was the defendant in the trial High Court.</p><p> On 26/2/2001, the trial Court, having considered the summons ex-parte and the accompanying affidavit ordered that:</p><p> &#x27;The suit is marked under Undefended List.&quot;</p><p> Upon service on it of the Writ of Summons filed on 15/12/2000, the Respondent, as defendant, filed a Notice of Intention to Defend with Supporting Affidavit raising defences to the action. The trial Court took learned Counsel&#x27;s submissions and considered the affidavit evidence and held thus:</p><p> &quot;As there is no defence on th…</p>