JUDGEMENT
GBADEGBE JSC
This appeal arises from the decision of the Court of Appeal dated November 19, 2009 by which the summary judgment obtained in the trial High Court was set aside. The circumstances in which our jurisdiction has been invoked may be briefly stated as follows. The Plaintiff/Respondent/Appellant (to whom I shall for convenience hereinafter describe as the Plaintiff) took out the writ of summons herein against the Defendant/Appellant/Respondent (hereinafter conveniently referred to as the Defendant) seeking the refund of a specified sum of money denominated in the United States dollars. As the defendant was ordinarily resident outside the jurisdiction, the plaintiff applied and obtained leave to issue and have the writ served outside the jurisdiction. The defendant subsequently entered appearance to the writ and following his submission to the jurisdiction, the plaintiff applied for summary judgment against him on the claim. The defendant’s solicitors filed an affidavit…