MRS ENO UMO V. MRS CECILIA UDONWA

UZO I. NDUKWE-ANYANWU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court No. 3 Calabar Cross River State delivered on 26th July, 2007. Briefly the facts of this case are as follows: The Respondent as plaintiff brought this suit under the Undefended List Procedure vide order of 7th June, 2007. The Appellant as defendant was served this writ on 14th June, 2007. The respondent as Plaintiff claimed as follows:

1. The sum of Two Hundred and Twenty Seven thousand Five Hundred Naira (N227,500.00) only the balance of her indebtedness to the Plaintiff.

2. The sum of One Hundred Thousand Naira (N100,000.00) only being the cost of litigation.

3. 25% interest on the said amount until the liquidation of the judgment debt".

On the return date, the defendant/appellant did not file a notice of intention to defend this suit. The trial Judge went ahead and delivered his considered judgment. In it the trial Judge held as follows:

'In the result, judgment …