ABOKI, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the F.C.T. High Court of Justice, Bwari Judicial Division, Zuba, delivered on 22/7/2004 by O.O. Goodluck, J.
The lower court on 5th February, 2004 granted leave to the plaintiff/respondent to issue the writ of summons in this matter under the Undefended list pursuant to Order 3 rule 1 of the High Court of FCT, Abuja (Civil Procedure) Rules. The matter was adjourned to 29th March, 2004 for hearing. The defendant/appellant after acknowledgement of service of the court process filed a memorandum of appearance dated 20th April, 2004. On the hearing date, the matter was adjourned at the instance of the defendant/appellant. The court granted two further adjournments to enable the parties settle their differences out of court. When settlement out of court became impossible, parties agreed on 27th May, 2004 to take a date, 29th June, 2004 for hearing. On the said date, counsel for the defendant/appellant …