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GARBA JCA (Delivering the Lead Judgment): This appeal is fromthe judgment of the Rivers State High Court in suit No. PHC/2085/2001, entered under the undefended list on the 17/04/2003.

The writ of summons was issued and the suit entered under the undefended list procedure pursuant to the provisions of Order 23 of the Rivers State High Court (Civil Procedure) Rules, 1987 (hereinafter to becalled 1987 Rules).Respondent was the plaintiffand appellant was defendant in the suit. In accordance with the 1987 Rules, the appellant filed a notice of intention to defend the case accompanied by an affidavit to which was annexed an exhibit. On the return date for the writ of summons, the trial court took arguments on whetherthe appellant’s affidavit disclosed a defence on the merits to warrant the grant of leave to defend the action and the transfer of the case to the general cause list for determination. In a ruling on the issue, the trial court decided that the appellant’saffidavit accompanying…