AGRO MILLERS LTD
V.
CONTINENTAL MERCHANT BANK (NIGERIA) PLC
·
Agro Millers Ltd. v. C.M.B. (1997) 10 NWLR (Pt. 525) 469
MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Dagara Mallam J. of the Kaduna State High Court of Justice delivered on 30/11/92. The respondent as plaintiff had filed an action under the undefended list at the lower court against the appellant which was the defendant, to recover a debt in the sum of N7,913,346.64k. The respondent's writ of summons was filed together with an affidavit and a further affidavit in support of the claim. On being served with the writ of summons and the supporting affidavits, and in compliance with the rules of the lower court, the appellant duly filed its notice of intention to defend the suit with an affidavit and a further affidavit in support of the notice. On the date fixed for the hearing of the undefended suit, the learned trial Judge heard arguments from learned counsel on both sides on whether the appellant as defendant ought to be granted leave to defend the suit on its affidavits in support of its not…
