DR. OLATUNBOSUN V. MR. MICHAEL OKAFOR

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff, before the High Court of the Federal Capital Territory, Abuja, brought an action against the appellant as defendant, under the provisions of the Undefended List Procedure, pursuant to Order 21 of the Civil Procedure Rules of that court. The reliefs as contained in the Writ of Summons, are -

1. The sum of N5,300.000.00 (Five Million, Three Hundred Thousand Naira only) being the total outstanding debt owed to the Plaintiff by the Defendant.

2. Costs as per Rules of this Hounourable Court.

The defendant, on being served with the Writ, took advantage of Order 21 Rule 3(1) of the Civil Procedure Rules of that court, and filed a Notice of Intention to defend.

The trial court considered the arguments of counsel to both parties, and at the end of the day, entered judgment on 17/2/11 for the respondent, with N20,000 cost to him.

Dissatisfied with that judgment, the appellant herein, filed on the 21/2…