ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of L.O. Okereke J. of the Enugu State High Court Enugu, delivered on the 29th day of July, 2009.
The brief facts of the case is that the Plaintiff/Respondent supplied pieces of timber worth N1,120,010.00 to the Defendants/Appellants of which they paid only N401,500.00 leaving a balance of N719,5 10.00 they refused to pay despite several demands. The Defendants/Appellants made spirited overtures to effect out-of-court settlement but yielded no positive result.
The Plaintiff/Respondent therefore took out a Writ of Summons under the summary judgment (the undefended list) procedure. The Defendants/Appellants filed 'A Notice of Intention' to defend the suit' with an affidavit setting out the grounds of their defence.
The court after going through the documents filed by the parties transferred the case to the general cause list and directed that pleadings be filed and exchanged. After exchange of p…