OPENE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State holden at Obudu delivered by Obasse J. on 30th day of November, 1999 in suit No.HD/66198.
Earlier, the respondents as plaintiffs had filed a suit against the appellant as the defendant claiming the sum of N31,790.00 (Thirty-One Thousand, Seven Hundred and Ninety Naira) being unpaid balance of the sum loaned to the appellant since the 12th day of October, 1997. On the same day 9/11/98 that the Writ of Summons was filed, the trial court granted the respondent's ex parte application to place the suit for hearing on the undefended list and the Writ of Summons was accordingly marked as undefended and the matter was then adjourned for hearing to 30/11/98.
Upon the service of the Writ of Summons and the order on the appellant, he filed a memorandum of conditional appearance and a Notice of Preliminary Objection to the jurisdiction of the court to entertain the matter…