UWAIFO, J.C.A. (Delivering the Leading Judgment): At the Enugu High Court, the plaintiff company (now respondents) brought a claim for the sum of N28,000.00 plus 10% interest against the defendants (now appellants) for goods ordered and delivered. By an ex-parte application under Order III rule 9 of the High Court Rules (Cap. 61) Laws of Eastern Nigeria 1963 then applicable in Anambra State the action was transferred to the undefended list by order made by Onyechi, J., on September 1, 1982. The appellants on 14 October, 1982 raised objection to the corporate name in which they were sued, which was "University of Nigeria Nsukka", whereas the law establishing the University simply states the name as "University of Nigeria. "The objection was overruled. Counsel for the appellants was allowed an adjournment in order for him to file notice of intention to defend. This he accordingly did.
The trial Judge heard the notice to defend, and on 19 November, 1982 held that certain documents exhibi…