JULIUS BERGER NIGERIA PLC V. ALMIGHTY PROJECTS INNOVATIVE LIMITED & ANOR

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the ruling of the Akwa Ibom State High Court, holden at Uyo Judicial Division delivered on January 28, 2016 in suit No. HU/UND.260/2015. By the said decision, the Court below coram, W.I.A. Effiong, J; granted the Respondents' claim against the Appellant under the undefended list.

BACKGROUND FACTS

The genesis of the appeal is traceable to September 4, 2015. That was the day the Respondents filed in the Court below a motion exparte seeking against the Appellant:

1. An Order of this Court to issue concurrent Writ of Summons against the Defendant and to enter the said suit for hearing and determination under the Undefended List.

2. An Order that the concurrent writ so issued be marked UNDEFENDED accordingly.

3. An Order of this honorable Court that the concurrent writ of summons so issued and all other processes of Court connected with or arising from this suit meant for service on the Defend…