FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against the ruling handed out by Ofomata, J., sitting at the High Court of Justice, Onitsha, Anambra State of Nigeria on 25/7/95.
The appellant, as plaintiff, instituted the suit at the trial court against the respondents, as defendants. The suit was placed in the undefended list. The appellant claimed against the respondents jointly and severally the sum of N4,912,797.30 with interest at the rate of 21% per annum from 1/2/94 until judgment and thereafter at the rate of 5% per annum until the final payment of the judgment debt. The respondents knew that they were tardy in finding the requisite notice of intention to defend the suit. On 7/7/94, they filed a motion on notice in a bid to regularise their position. The respondents, in the stated motion, prayed as follows:- “(a) an order enlarging the time within which the defendants could file a notice of intention to defend the suit. an order deeming the notice of intention t…