CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent as Claimant at the trial Court, commenced this suit by a writ of summons dated and filed on the 7/2/2013.
By a motion ex-parte filed alongside the writ praying the Court to place the suit under the undefended list, the suit was placed on the undefended list on the 11th day of February, 2013. The Appellant was served with the originating process as well as the order placing the suit on the undefended list.
On the 27th of March, 2013, S. M. ANJO, J., of the Calabar Division of the Cross River State High Court entered judgment for the Respondent as prayed. This appeal is predicated on the said judgment.
The Appellant distilled three issues for determination thus:
"(a) Whether the Learned trial Judge was right when he entered judgment on the 27th March, 2013 in favour of the Respondent herein against the Appellant, the action leading to this Appeal was prima facie incompetent,
(b) Whether having regard to Claus…