TUNDE OYEBANJI AWOTOYE J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the Defendant now Appellant against the decision of the High Court of the Imo State delivered on 7/12/2015 in suit No: HOW/819/2012.
The Claimant had instituted the action under the undefended list procedure. He filed the writ of summons affidavit in support of the claim and motion ex parte praying inter alia for an order to issue the said writ of summons. The lower Court heard the application, granted all the prayers on 18/12/2012 and adjourned the matter to 21/2/2013 for hearing. Thereafter on 21/3/2013 the lower Court heard the matter and gave judgment in favour of the Respondent.
The Defendant (now Appellant) reacted by filing conditional memorandum of appearance on 20/01/2014 along with a motion on notice praying for the setting aside of the issuance of the writ of summon and its service on the Appellant.
On hearing the application, the learned trial Judge found it …