MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision/Ruling of the High Court of Akwa Ibom State sitting in Uyo presided over by Hon. Justice Winifred Effiong and delivered on 10th day of March 2016.
The Respondent as Claimant had given the Defendant Appellant the sum of N15,000.000.00 (Fifteen Million Naira) of which sum the Defendant Appellant has paid back to the Respondent the sum of N1,300,000.00 (One Million, Three Hundred Thousand Naira) leaving a balance sum of N13,700.000.00 (Thirteen Million, Seven Hundred Thousand Naira only).
The Respondent as Claimant took out a Writ of Summons purportedly dated 22/07/2015 on 03/06/2015. Again, by a Motion Ex parte dated 02/06/2015 with an Affidavit in support of the motion Ex parte dated 03/06/2015, the Respondent as Claimant prayed the court Ex parte For an Order issuing the Writ of summons in the case as in (Exhibit ABC 4) under the undefended list and to mark the Writ of Summons accord…