IKECHUKWU OKPARA V. ALHAJI BALA GUSAU

DENTON-WEST JCA (Delivering the Lead Judgment): The undefended list as a procedure in our litigatory system is being brought to the fore in this appeal. The facts leading to the appeal was heard under the undefended list procedure. The respondent brought the action under the list whilst the appellant as defendant contended that this is a matter that ought to be sent down to the general cause list for hearing as he deposed that from the facts before the lower court the action ought to be defended whilst the lower court proceeded to hear same under the undefended list.

This is an appeal against the judgment of Bamigbola J. of the High Court, Ilorin, Kwara State, delivered on 29 July 2006 in favour of the respondent with suit No. KWS/17/05.

The respondent sued the appellant at Kwara State High Court, Ilorin, claiming a sum of eight hundred and seventy nine thousand naira

(N879,000.00k) being the balance of the amount owned him by one Emeka Umezurike Opara which the appellant herein guaran…