NIGERIA AGIP OIL COMPANY LIMITED V. DANAZ SERVICES LIMITED LIMITED SUING THROUGH: OGBONNAYA KANU, CLAIMANT'S EXTERNAL AUDITOR & LAWFUL ATTORNEY

EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Lead Judgment): On 10-6-2008, the respondent herein as claimant filed a writ of summons commencing Suit No PHC/926/2008 in the High Court of Rivers State at Port Harcourt. After hearing both sides on the undefended list, the trial Court, on 17-11-2008, found that the affidavit in support of the notice of intention to defend disclosed no defence on the merit, entered judgment in favour of the claimant(respondent herein) and therein ordered the defendant (Appellant herein) to pay $485,412.69 US dollars to the claimant. Dissatisfied with this judgment, the appellant herein filed a notice of appeal on 19-11- 2008 appealing against it to the Court of Appeal. After the filling, exchange and adoption of briefs by the parties, at the hearing of the appeal, on 18-2-2013 the Court of Appeal suo motu questioned why the prescribed fees for filing the notice of appeal were not paid and proceeded without more to decide thusly — “The payment for notice o…