NICODEMUS UGWU V. FRANCIS EMENOGBA

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of R. O. Olorunfemi J. of the High Court of Justice Kogi State holding at Obangede delivered on the 27th day of July, 2005.

The fact of the case is that the Respondent as Plaintiff in the lower Court took out a Suit under the Undefended List against the Defendant/Appellant for the sum of N806,150.00 and 15% monthly interest on the sum. The Returnable date as endorsed on the Suit served on the Defendant/Appellant was 2/5/2005. On 2/5/2005, the case was not taken and the Suit was adjourned to 11/5/2005. The Defendant/Appellant through his Counsel filed a Notice of Intention to defend the suit on 26/4/2005.

The Defendant/Appellant's Counsel was not in Court on 2/5/2005 and on 11/5/2005 to argue or move his Notice, instead he wrote a letter for adjournment and the Suit was adjourned to 26/5/2005 for hearing. On 26/5/2005, the suit could not be taken and it was again adjourned to 4/7/2005. On 4/7/2…