SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal brought by the Appellant who was 1st Defendant, against the Ruling of RC. AGBO, (J) of Enugu State High Court delivered on 29/1/2003 refusing to set aside his earlier judgment on the undefended list.
The Respondent who was the plaintiff at the lower court issued out writ of summons in the undefended list against Dr. S.M.O. Nnoruka and Smonec (Nig.) Ltd. as defendants, the former of which is now the appellant, claiming:
"N1 million Naira being debt owed the plaintiff by the defendants for professional Services rendered which debt has remained unpaid after the service of plaintiff bill of charges in October 2001 and after repeated demands.
Learned trial judge found that the defendants did not file a notice of intention to defend the action, entered judgment for the plaintiff as claimed.
The Appellant by a motion on Notice at the lower court filed on 5/7/2002 applied to set aside the said judgment "for non-di…