AUSTIN NWANA V. UNION BANK NIGERIA PLC

ITA G. MBABA J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal against an interlocutory ruling of Kaduna State High Court, in Suit No. KDH/KAD/263/2002, delivered on 24/7/2002, by Hajo Gwada J; the learned trial judge had earlier granted an application, on 24/4/2002, placing the Suit on the Undefended List for hearing and determination. On 9/5/02, when the matter was adjourned for hearing, the Plaintiffs Counsel Mrs. Daudu, announced that they had been served with a notice of intention to defend the suit. The case was further adjourned to 15/5/2002 for hearing, but on the said 15/5/2002, Plaintiff's Counsel, this time, Joe Daudu (SAN) with him Miss Z. Bello, informed the court that no moves had been made yet for settlement and prayed that the matter be continued. (Apparently there were moves to settle the case out of court)

The Defendant's Counsel then moved their motion for leave to enter appearance and an order for the defendant file and serve notice of intention…