STABILINI VISINONI LIMITED V. ERNEST EJIKE

MUSDAPHER, JCA (Delivering the Lead Judgment): By a writ of summons marked undefended list, the plaintiff claimed against the defendant the sum of N1,019,000.00 (one million and nineteen thousand naira) being money allegedly owed the plaintiff by the defendant on a contract of supply of cement between them. When the suit came up before the trial court on the 10th of February 2000, the defendant was not served, the plaintiff successfully moved an application for substituted service and the matter was adjourned to 9/3/2000. Counsel appeared for the defendant under protest and had prior to the appearance filed an application for an order to discharge the ex-parte order for substituted service. The motion to discharge the ex-parte order could not proceed on that day and was adjourned to 28/3/2000. The court was also informed that negotiation was going on to settle the matter between the parties. On 28/3/2000, the learned counsel for the plaintiff was in court and informed the court …