LEAD M ERCHANT BANK LIMITED V. PETROLEUM (SPECIAL) TRUST FUND

MUHAMMAD JCA (Delivering the Lead Judgment): The respondent herein was the plaintiff at the High Court of Justice of the F.C.T. Abuja (the court below). The respondent on 30/10/2002 filed a motion ex parte before the court below pursuant to Orders 8 and 23 of the High Court of the F.C.T. (Civil Procedure) Rules, praying for the following reliefs:

“1. Leave to issue and place the suit of the plaintiff/applicant on the undefended list and same to be marked as such.

2. Any other orders as the court may deem fit to make in the circumstance.”

After the motion ex parte was moved, the learned trial Judge granted the leave sought. The appellant alleged that the court’s order granting leave to the respondent was served on them together with the motion ex parte and the affidavit in support and exhibits. The appellant then filed a motion on notice challenging the jurisdiction of the lower court on a number of grounds. In a ruling delivered on 27/5/03, the learned trial Judge discountenanc…