UBA PLC V. SKYRUN INT'L AIR-CONDITIONER MANUFACTURER, FZE & ORS

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on the 5th June, 2014 in the High Court of Cross River State before His Lordship, Hon. Justice Elias O. Abua in the following terms:

“Court- The Defendants having been served this processes on the 27th of May, 2014, today being the 5th day of June, 2014. The notice of intention to defend and an affidavit showing a defence on the merit with their processes not having been filed judgment hereby entered for claimant as per their claims. No order as to costs.”

The 1st Respondent was the claimant in the High Court (the Court below). The Appellant was 1st Defendant. 2nd and 3rd Respondents were the 2nd and 3rd Respondents. The matter was determined under the Undefended List procedure.

The Appellant immediately proceeded to this Court on appeal against the above judgment of the Court below by filing a notice of appeal on 6th June, 2014. The notice of appeal was amended with the leave of t…