AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 28/1/2005 by Hon. Justice P.A.C. Obidigwe of the Onitsha Judicial Division of the Anambra State High Court of Justice (hereafter simply referred to as "the lower court"). The judgment appealed against was given in favour of the plaintiff.
By a "Claim brought under the undefended list: Order 5 Rule 14" of the then Civil Procedure Rules of the lower court, and filed on 25/11/1996, the Respondent as Plaintiff claimed jointly and severally from the Appellants as Defendants, the sum of N385,555.00 being the amount the Appellants owed the Respondent. An affidavit in support of "Claim" was duly filed by the Respondent. After the "Claim" and the affidavit in support of "Claim" were eventually served on the Appellants, they filed a Notice of Intention to defend the suit. It is dated 23/10/1998 and was filed on 28/10/1998. An Affidavit in support of Notice of Intention to …