ALAYE IWO & ORS V. UNITED BANK FOR AFRICA PLC

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Rivers State sitting in Port Harcourt Judicial Division (hereinafter called the trial Court) delivered on 11th of March, 2011 in Suit No: PHC/594/2010.

The brief background facts of the appeal are that, on 18th June, 2010, the trial Court granted the Appellants who were Claimants before it an order to enter their suit against the Respondent as Defendant for hearing on the undefended list. However, by a motion on notice dated and filed at the trial Court on 29th September, 2010, the Respondent sought the following orders to wit:

1. An order extending the time within which the Defendant/Applicant may file and serve its Notice of Intention to Defend and Affidavit Disclosing defence on the merit.

2. An order deeming the Notice of Intention to Defend and the Affidavit Disclosing defence on merit filed along with the Notice.

3. And for such further or other order(s) as…